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Operator lacked either capacity or integrity

12th February 1998
Page 21
Page 21, 12th February 1998 — Operator lacked either capacity or integrity
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Which of the following most accurately describes the problem?

• Breaches of the hours and tachograph rules have led to the revocation of the licence held by Brentford-based Motor The company and its sole director, Efthimious Daniskas, were disqualified from holding a licence for tliree months.

The company, which held a licence for one vehicle and one trailer, appeared before South Eastern and Metropolitan Traffic Commissioner Brigadier Michael Turner at an Eastbourne disciplinary inquiry Traffic examiner Anthony Craig said an examination of 105 tachograph charts had revealed 191 breaches of the rules. Most of the &mils had been completed by Dan iskas but others had been completed by relief drivers.

Revoking the licence and making the disqualification orders, Brigadier Turner said the breaches fell into two groups. First, there were a number of obvious errors such as failing to complete the centre field properly. That showed Daniskas either did not know the rules or failed to check that they were being followed.

The second, more worrying, aspect was a number of breaches of the daily rest rules: numerous occasions when 45-minute breaks had not been taken during or after the 4.5-hour driving period; and some when the 10-hour daily driving limit had been exceeded.

All those breaches impinged directly on road safety Turner said he had to question if an operator could be deemed to he of good repute where the person who was the sole director and transport manager permitted such a widespread series of breaches of the tachograph rules. The answer to that question, he decided, was "no".

In his view, Daniskas lacked either capacity or integrity, and as such was not a fit person to hold a licence.


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