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routeone > News > Retiree loses licence over occupation rule issues
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Retiree loses licence over occupation rule issues

routeone Team
Published: 14 February 2019
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Jarrow-based James Storey has had his restricted licence revoked because he fails to meet the main occupation rule as he is retired. However, Traffic Commissioner (TC) Tim Blackmore has directed that the revocation will not take effect for 12 weeks to give Mr Storey an opportunity to apply for a national licence.

James Storey, trading as JHS Travel, with a one-vehicle restricted licence, had been called before the TC at a Leeds Public Inquiry.

In reply to the TC, 77-year-old Mr Storey conceded that he did not have a Driver CPC. He said that it was a very sore point with drivers of his age. It was absolutely rubbish for young drivers to get a Driver CPC and call themselves professional drivers. He had driven for years to acquire “grandfather rights” and that had now been taken away from him. DVSA had a nasty attitude to drivers and he was sick and tired of driving under continental laws.

The TC pointed out that Mr Storey had not informed the Office of the Traffic Commissioner (OTC) about convictions for speeding in July 2016 and August 2017 and the fact that he had changed his maintenance provider. 

He had also failed to notify the OTC, the DVSA and police that he had been involved in a road traffic accident. There were also issues over the maintenance of the vehicle. Until recently, the vehicle had been inspected every 10 weeks without any brake tests instead of the declared six weeks. There were no driver’s defects being recorded in writing.

Mr Storey said that he ensured that his vehicle was properly maintained. Since the Vehicle Examiner’s visit, he had the vehicle inspected every six weeks.

After he had said that he was now retired, the TC pointed out that that was not a main occupation. After Mr Storey had said that when the licence was granted in September 2006 he was doing little jobs with a small van, the TC that since then TCs had really tightened up on the main occupation rule.

The TC said that if Mr Storey wanted to continue, he would have to apply for a national licence and employ a transport manager, and Mr Storey initially said that he was not prepared to do that. All he could do was to hand his licence in. He had been in the industry for 60 years and would like another two.

In his decision, the TC said that there was light at the end of the tunnel if Mr Storey did what was asked of him.

After warning that he could not drive the minibus for hire or reward as he did not have a Driver CPC and that he would have to get another driver to drive it, Mr Story said: “No way will I get a young idiot to drive for me.”

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