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Personal problems are no excuse, IC tells operator
Page 19
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West Midland Traffic Commissioner David Dixon has said that personal problems cannot be accepted as a valid excuse for not meeting the obligations of a licence holder or be allowed to affect a driver's behaviour. Dixon made the comments as he suspended both the Operator's Licence and HGV driving entitlement of Robert Rogers for a fortnight.
Vehicle examiner David Murray told a Birmingham disciplinary inquiry that Stratford upon Avon owner-driver Rogers' vehicle had failed its annual test on 8 March 2000 and according to VI records had never been presented for retest.
After a test certificate dated 10 March 2000, expiring 30 April 2001, was produced, Murray initially said that there was no record of it on the VI computer system. However, after making further enquiries, he told the IC that it was a valid test certificate.
The vehicle was stopped again in March 2001. A delayed prohibition was issued and the vehicle was then tested. That test certificate expired at the end of March of this year.
Traffic examiner Christopher Grace said that in May 2001 Rogers' vehicle had been stopped again and tacho charts revealed the tachograph clock was 12 hours out and that Rogers had driven for long periods without taking the correct breaks. He was subsequently prosecuted and fined a total of £4,400.
The vehicle was stopped again in July and given an immediate prohibition marked 'S for a number of maintenance defects including loose wheeinuts and an imminent wheel detachment.
It also emerged that Rogers' HGV entitlement had expired on 26 April as he had not had the medical required. Murray added that Rogers had also been using an unauthorised operating centre at Chipping Camden.
For Rogers, Paul Carless said the problem with the tachograph clock arose during disconnects for maintenance. When it wi reconnected, the clock was s at the wrong 12-hour period.
Rogers said that he had heic licence for around 15 years. F had had no problems until months ago when he had elk:1m himself to be distracted by pe sonal problems.
He had used the Chippii Camden site for three days whi the access road to his operatii centre at Long Marston Airfie was dug up. He had not realis( he was required to report tl convictions and hadn't been su whether the minimum tire. required was 10 or 15 minutes.
Rogers said he had al: arranged an appointment for medical examination and woi. not drive until his HGV licence hi been renewed.
Underlining Rogers' previa good record over 14 year Carless said that what had ha pened over the last six mont was completely out of characti Suspending the licences, t TO said he was concerned abc the failure to take adequate rE and it was not good enough f Rogers to say he was unsure the rules. Driving without a va HGV licence since April was al a very serious matter,
Taking account of Roge previous good record, warned that should he appe before him again he was likely take a much more serious Vic