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January 30 2019
By Mike Jewell

Mike Jewell is the industry’s leading legal journalist, covering all key cases brought before Public Inquries, Tribunals, Magistrates and Crown Courts


Licence win after repute
retained “by a whisker”

Middlesbrough-based Assun Pervaiz succeeded in his bid for an international licence after Traffic Commissioner (TC) Tim Blackmore decided that in revoking his existing restricted licence he had retained his repute “by a whisker”.

The TC had been considering action against the two-vehicle restricted licence held by Assun Pervaiz, together with his application for a four-vehicle international licence at a Leeds Public Inquiry.

The TC said that when the restricted licence was granted in 2012, Mr Pervaiz failed to notify a drug conviction in 2003 for which he received a nine-year prison sentence. He accepted that was a long time ago and to his credit Mr Pervaiz had declared the conviction in the present application.

Mr Pervaiz had also failed to notify a change in his main occupation in 2014. There were also a number of drivers’ hours offences at the end of 2017, with a driver having committed 11 false record offences. There was no control over drivers’ hours at the time, though a lot had been done since to put that right.

Mr Pervaiz said that when he applied for the restricted licence he was not sure how to fill in the application form and that was why the conviction was not declared. He could not remember whether he had declared the conviction when he obtained his vocational licence. 

He had been unaware of the need to notify the change of main occupation. He conceded that his income from his new occupation obtaining claims clients for a firm of solicitors was not predictable. He had decided to seek a standard licence after the PSV work became busier.

He had obtained his Transport Manager (TM) CPC but he still wanted Javid Bashir to be the nominated TM on the licence as he felt that it would be better to have “two brains”.  He would probably do some international work as there was a company who was prepared to give him such work.

Traffic Examiner David White was happy with the drivers' hours documents produced, saying that Mr Pervaiz had done almost everything that he had advised him to do.

For Mr Pervaiz, Bill Bowling, Legislation Officer of the National Limousine and Chauffeur Association, said that he had taken to heart the systems side of things and was now using Tachomaster. 

Mr Pervaiz was trying to build the business and if the licence was granted Mr Bashir would be working full time with Mr Pervaiz.

In his decision, attaching an undertaking to the licence that there be a full systems’ audit by an independent body by the end of June, the TC said that he had just held back from removing Mr Pervaiz’s repute. 

He took account of the fact that the conviction was a long time ago, that Mr Pervaiz had had satisfactory DVS checks for a number of years, the significant improvement in his systems and the education he had undertaken in the last year.



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