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Tribunal rejeds appeal against speeding offences
Page 32
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A THREE-WEEK suspension of the licence held by Team C Couriers as a result of speeding by the company's drivers has been upheld by the Transport Tribunal. The company had appealed against the suspension imposed by the Eastern Traffic Commissioner Geoffrey Simms on the grounds that the penalty was disproportionate, that speeding was not per se dangerous and that the TC had failed to take account of the effect of the suspension on the company's business.
The company holds a licence for three vehicles and evidence was given to the TC that the 7.5-tonne Eastem Traffic Commissioner vehicles concerned were Geoffrey Simms regularly being driven at speeds of well over 70mph and no effective action was being taken to eradicate the practice despite regular tachograph analysis.
Dismissing the appeal, the Tribunal said the drivers had indulged in prolonged, persistent and significantly excessive speeds and they could find no fault with the TC taking action against that flagrant breach of the law. They did not find that the suspension was disproportionate since it was clear that it was imposed not only because of the level and frequency of excessive and blatant speeding but also because of the company's failure to adhere to the undertaking to ensure that vehicles operated within speed limits. Routine and effective analysis of the tachograph charts would have revealed the problem. Such a failure to discover and implement remedial action must result in contemplation of a finding of collusion and "wilful blindness" on the part of the company.