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Professional drivers suspended
Page 32
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• "Drivers holding heavy goods vehicle driving licences are professionals, and as such, it is their duty to keep abreast of the current regulations governing driving hours and any changes in them."
This was said by Mr John Else, West Midland LA, when in Birmingham last week he curtailed and suspended for nine days an operator's licence held by a Solihull haulage company, Richard Ford Ltd, and, running concurrently, the hgv licences held by four of its drivers. Mr Else curtailed the 0 licence by removing two vehicles and one trailer of the 10 vehicles and two trailers authorized. Only eight vehicles were specified on the licence but both trailers were in possession.
The decision to curtail and suspend the licences was the result of convictions at Solihull magistrates' court where four of the drivers, Mr R. P. Brasnell, Mr G. R. Ford, Mr A. R. Ford and Mr D. K. Wood, were found guilty of drivers' hours offences.
Mr N. Carless, representing both the drivers and the firm, said that in the case of Mr Brasnell the offences had come to light on August 27 of last year when Mr Brasnell had recorded that he commenced work at 6.30 am. However, he was seen driving at Stonebridge at 5.30 am and was subsequently prosecuted for entering a false drivers' hours record and for driving more than the 124-hour day spreadover.
In evidence Mr Brasnell said: "I must have made a mistake over the times. I didn't gain anything out of the entry". Mr A. Ford was convicted in an excessive hours offence, although in fact the offence committed was that of failing to have 11 hours of consecutive rest between August 17 and 18.
Mr Wood was also convicted for excessive hours but had in fact not taken 11 hours of rest between August 3 and 4. Neither the LA nor Mr Carless understood why the convictions for excessive hours offences had been imposed rather than those for failing to take 11 hours of consecutive rest.
The fourth driver, Mr G. Ford, the managing director of the company, was convicted at Solihull magistrates' court on two offences of failing to keep a current drivers' hours record. He neglected to record journeys by private car before he commenced his working day. In his defence, Mr Ford told the LA that as far as he knew he had not exceeded any statutory period on either of the occasions.
In summing up Mr Carless said that it was difficult for established drivers to make the change from old to new regulations. He added that Mr Ford, as managing director, was under the impression that he understood the drivers' hours regulations and passed his knowledge on to the rest of the drivers.
On curtailing the licence Mr Else said that all professionals, no matter in what sphere they worked, should familiarize themselves with all regulations and legislation which would affect them.