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Lorry driver's ban reduced despite mho clampdown
Page 22
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A Scottish sheriff has warned that drivers who use sophisticated devices to disrupt their tachographs will lose their driving licences for lengthy periods.
Despite this Sherriff McLernen reduced the disqualification of Aberdeenshire lorry driver Kevin Simpson from holding an HGV driving licence from five to three years.
The Scottish Deputy Traffic Commissioner Richard McFarlane had revoked Simpson's HGV licence and banned him from holding one for five years for using an interrupter device to falsify charts while working for Turiff-based Benzies Transport.
The DTC was told that the device was discovered while Simpson's vehicle was being examined at a tachograph calibration centre.
A key fob to trigger the device was found in the trailer.
Simpson appealed to Cupar Sheriff Court against the length of his disqualification. He conceded that in November 2000 he had driven for five consecutive days well in excess of the permitted hours. He also admitted that in March 2001, again over a week, he had repeated the offence. He agreed that he had paid someone to install the tachograph interrupter device in his vehicle.
The Sheriff said there had been widespread recent publicity regarding the dangers of driving when tired.
He had no hesitation in accepting the OTC's conclusion that the offences were serious.
The device was a
particularly sophisticated one that was difficult to detect.
The fact that it was professionally fitted must raise fears thz there was a market for their use whic required TCs to make it clear that peopl who were detected installing such device should face heavy penalties, including pot sible loss of livelihood.
In cutting the period of disqualificatior the Sheriff said he did so with great reluc tanc,e and considerable hesitation. Th nature and gravity of the offence made lengthy period of disqualification appropr ate, both to mark the misdemeanour an to deter others.
It gave a clear message to Simpso and anyone tempted to emulate hi actions, he said, that they would be likel. to lose their career and livelihood for a least a lengthy period.