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Licences suspended over safety issues

12th November 2009
Page 24
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Page 24, 12th November 2009 — Licences suspended over safety issues
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Scottish DTC suspends director's HGV licence for nine months and his company's 0-licence for two weeks.

THE FALSIFICATION of a tachograph record by the sole director of Isle I of Islay-based Islay Crab Exports, James Monaghan, has resulted in the firm's 0-licence being suspended in its entirety for two weeks by the Scottish Deputy Traffic Commissioner Richard McFarlane.

In addition, the DTC suspended Monaghan's HGV driving licence for nine months after taking into account two fixed penalty notices for using a mobile phone while driving.

The company holds an international 0-licence authorising the operation of six vehicles and two trailers.

On 31 March 2009, at Basingstoke Magistrates' Court, Monaghan was fined £500, with 143 court costs and a I:15 victim charge for entering the name "Duncan McKetTell" on a tachograph chart in respect of a journey he had begun in Poole on 27 December 2008. Monaghan told the DTC that the company was involved in the transportation of live shellfish from Scotland to Donegal in Ireland, and to Poole in Dorset. About 30 people worked at the business, which included fishing boats and a processing plant on Islay.

The company also serviced around 70 other fishing boats, covering most of the Western Isles.

The fixed penalty notices had been imposed when he was driving his car. All the company's vehicles had handsfree phone systems installed.

The tachograph offence had taken place during a busy holiday period. He had taken a load to Poole. The vehicle was unloaded. Monaghan intended to stop and have a break and went to bed in the vehicle. His five-year-old son was accompanying him.

When hc was asleep, he was woken by his son who had been very sick. He was concerned and anxious to get his son home. After cleaning the inside of the cab, he began the journey north. He "foolishly" put the name of one of his drivers on his chart.

The DTC said Monaghan had carried out a deliberate deceit, using the name of one of the firm's part-time drivers. Often. a fictitious name was used.

He considered it an aggravation that the name of a real person was used, and that person was the holder of the HGV licence in his own right.

To drive while tired or being prepared to take the risk of driving while tired by driving in excess of the permitted hours was a very serious matter.

The DTC was also convinced that the use of a mobile phone while driving constituted a significant risk of compromising road safety. Driving in such circumstances rendered the holder unfit to continue to hold an HGV licence.

Unlicensed driver fined

A DRIVER CAUGHT using a 3.5-tonne van carrying parcels didn't have a licence, was uninsured and who was subsequently, arrested after failing to answer to bail, has been ordered to pay fines and costs totalling £540 by Rochdale Magistrates.

Prosecuting for VOSA, John Heaton said that the van, driven by William Heptinstall, of Beeston, Leeds, had been stopped in a check at Thornham Island. The van was found to be overloaded and was given a prohibition.

When Heptinstall's driving licence status was checked, it was found his licence had been revoked in June 2004.

Heptinstall had previously been convicted of driving without insurance in 2005.

His employer, Michael Harrington, trading

as M & A Couriers, had previously pleaded guilty to permitting Heptinstall to drive without a licence and without insurance.

He had claimed Heptinstall had produced a photocopied licence to him.

Heptinstall was fined £275 and ordered to pay £250 prosecution costs, as well as a £15 victim surcharge.

Head-on crash costs driver

RUTHIN LORRY DRIVER Robert Smith has been ordered to pay fines and costs totalling £1,515 for careless driving after his HGV ploughed head-on into a 4x4 driven by a local farmer, who was left in a coma for eight months.

Smith, of Ruthin, pleaded guilty when he faced Llandudno Magistrates. Smith said he had swerved into the opposite lane of the A494 after he noticed a stationary Volkswagen Golf in front, which was waiting to turn right into the Vale Country Club.

He couldn't slow down in time, and so tried to avoid crashing into the back of the car by driving around it, flashing his lights at oncoming traffic as a warning.

But instead, he drove straight into the path of Elfred Jones' Mitsubishi Pajero, which was towing a trailer loaded with sheep.

Ordering Smith to pay a £500 fine, £1,015 costs and endorsing his licence with eight penalty points, District Judge Andrew Shaw said the offence was "not at the top end of carelessness'.' Smith had made an error of judgement by failing to see and respond to the conditions ahead.


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