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
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168 
Muddy site hindered vehicle inspections
Page 20
If you've noticed an error in this article please click here to report it so we can fix it.
Upper Tribunal upholds revocation of 0-licence after ruling there was no proper control".
A KENT SKIP-HIRE FIRM has had its appeal against revocation rejected. The Upper Tribunal heard that the muddy condition of its site made it impossible for a vehicle examiner to check its vehicles or for drivers to carry out walkround checks.
Rochester-based Walsh Skip Hire had appeared before South Eastern and Metropolitan Deputy Traffic Commissioner John Baker at a public inquiry in October 2009. He revoked the company's four-vehicle licence, having heard of a continuing series of offences since the firm first appeared at public inquiry in January 2006. These included seven prohibitions and the conviction of a driver for six offences of exceeding 4.5 hours' driving. The driver had been ordered to pay £406 in fines and costs. Undertakings for twice-yearly roller brake tests, given at the last inquiry, had been ignored. A vehicle examiner produced photographic evidence of attempted fleet inspections between November 2008 and May 2009. He had refused to examine the vehicles at the operating centre because of the depth of mud. The state of the site also made it impossible for drivers to carry out walk-round checks as required by law.
An analysis of 86 charts covering January to March 2009 revealed a missing 4,000km with a total of 44 breaches, including 26 of exceeding 4.5 hours' driving.
Peter Walsh. director of Walsh Skip Hire, told the inquiry that most of the problems related to one driver. They had intended to sack him, but he had a nervous breakdown and had attempted suicide, so they were anxious not to "push him over the edge-.
For Walsh Skip Hire, Doug Sturman asked to analyse the charts with his own equipment. The request was accepted and that element of the inquiry was adjourned until December 2009.
At the reconvened inquiry an analysis of 56 charts was provided by Fleet Management Solutions, which concluded that there was -almost full compliance with drivers' hours' regulations'' VOSA responded that it had analysed 86 charts, and that it appeared charts were missing. The DTC said that one chart showed 35 infringements. Walsh agreed to conditions requiting tachograph analysis and to attend an ETA CPC refresher course. However, in a written decision on 16 December the DTC revoked the licence citing the "unacceptable attitude" of Walsh Skip Hire to record keeping. "A combination of excessive driving periods and vehicles with serious defects brings road safety factors to the fore.he said.
In upholding the decision the Tribunal said: "Mr Walsh was unable to exercise proper control over his business, either in terms of making arrangements for daily checks and maintenance or compliance with the drivers' hours and tachograph regimes."