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Three-day suspension for 58 drivers' hours offences

11th January 2007
Page 16
Page 16, 11th January 2007 — Three-day suspension for 58 drivers' hours offences
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The North-Eastern TC was hampered in dealing with a Yorkshire livestock

haulier by the interval since the hours offences. Mike Jewell reports.

A LIVESTOCK haulier that was said to be on an animal rights `hitlist' has had its 0-licence suspended for three days for hours offences and the falsification of tachograph charts by drivers.

Driffield, East Yorks-based Christopher Waite, trading as Chris Waite Transport, and five of his drivers had been called before North-Eastern Traffic Commissioner Torn Macartney for offences dating back to 2004.

The length of time between the offences and the public inquiry saved the company from more punitive sanctions; Macartney explained that he was hampered in how he could deal with these offences because of the delay.

He remarked that what had been going on in 2004 looked terrible and could have resulted in people going to prison — had the offences been recent the drivers involved would have been taken off the road for a long period.

Traffic examiner Stewart Holmes said an investigation following a routine check on the firm's tachograph records in September 2004 revealed the falsification of tachograph records by six drivers. There were also 58 drivers' hours offences.

Distances were missing between charts and the mode switch had not been used at any time. The drivers appeared to drive and rest only and speed limits in the Driffield area were not being complied with.

Geoff S wales, appearing for Waite, pointed out that livestock haulage was a difficult j ob. Holmes agreed and added that when interviewed, none of the drivers had said they had been encouraged or coerced to break the law, The drivers told the TC that they had simply been trying to get their loads of livestock to their destination.They claimed there was a conflict between the animal welfare regulations and the drivers' hours rules, saying that animal welfare had to take priority over parking up for nine or 10 hours.

Trucks were ok

Vehicle examiner Steve Harwood said he had carried out a maintenance investigation in December 2005.The vehicles had appeared to be well maintained but there had been a problem with the maintenance of the trailers.

Of the nine prohibitions issued over the past five years, seven had been issued to trailers. Hardly any trailer inspection sheets had been completed and drivers had not been using the written driver defect-reporting system.

Waite, who had been in the livestock business for 25 years, said the job was becoming harder as there were fewer slaughterhouses than before so livestock journeys were growing longer. The firm had also been warned by police that it was on an animal rights `Intlise.

Waite had previously checked the tachograph records himself and when he found evidence of infringements he had had "a gentle word in [the driver's] ear". The charts were now sent for professional analysis by an agency and everyone was to attend a training course in the next month. Outlining the new maintenance systems, Waite pointed out that there had been no prohibitions since December 2005.He admitted the false records did not portray the business in a good light, but said there were now extra drivers and things had been tightened up.

Swales pointed out that the offences had been committed more than two years ago and that Waite had already suffered a financial penalty in that five of his vehicles were off the road that day.

Making the suspension order to come into effect on 22 December 2006, the TC condemned the delay in scheduling the public inquiry but concluded he was sure that Waite had now got the message. However, he had allowed things to slip in 2004 and to some extent had condoned what had gone on.


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