1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148 
Revocation appeal saves businesses
Page 22
If you've noticed an error in this article please click here to report it so we can fix it.
The Transport Tribunal overturns DTC decision, but cuts authority by 50 trucks and 95 trailers.
DESPITE SUCCEEDING in their appeals against revocation. two associated North Wales hauliers have suffered substantial cuts in their 0-licence authorities — losing 50 trucks between them.
Ruthin-based LE Jones and LE Jones International had appealed against the revocation of their 0-licences by Welsh Deputy Traffic Commissioner Miles Dorrington, following convictions for drivers' hours and tachograph offences.
However, the Transport Tribunal has cut the licence held by LE Jones from 40 vehicles and 105 trailers to 16 vehicles and 48 trailers and the licence held by LE Jones International from 30 vehicles and 50 trailers to four vehicles and 12 trailers The Tribunal required five undertakings from the two companies in regards to tachograph compliance.
In June 2008, the two firms and a number of their drivers concerned were ordered to pay a total of £26,725 in fines and costs by the Wrexham Magistrates following an investigation by VOSA's Merseyside and Cheshire enforcement team.
General haulier LE Jones had pleaded guilty to five offences of using a vehicle when the driver had made an unauthorised withdrawal of charts from the tachograph and five of using a vehicle when the driver had failed to use a tachograph chart or driver card.
Livestock haulier LE Jones International pleaded guilty to two unauthorised withdrawal offences and seven fail-to-use offences. The drivers pleaded guilty to a variety of offences, including the falsification of tachograph records, failing to record positioning journeys, taking insufficient breaks and rest periods, and driving excessive hours The DTC was told that the offences prosecuted were only the tip of the iceberg, and that there had been a failure to produce a substantial number of charts. There had been no proper control at the time and it was admitted drivers had not been instructed about the changes in the drivers' hours rules.
The drivers claimed they had received no training on drivers' hours and tacho rules, had not been notified of any discrepancies or been disciplined, until after the VOSA investigation. They also maintained that they had been unaware that the rules had changed in April 2007 Revoking the licences, the DTC held that managing director and transport manager Trefor Jones and the other nominated transport manager David Hughes had lost their repute.
The Tribunal was of the view that revocation was not inevitable, although the difficulty that had not been properly addressed was the continuing involvement of Jones and Hughes as nominated transport managers for the two companies It should have been clear and obvious that they should have been replaced before the public inquiry took place or as a condition of the licence continuing.
They had lost their good repute as transport managers and, while they had put in place all of the new procedures, their repute had not been regained at the time of the public inquiry.