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Tribunal reduces tacho offence sanctions
Page 24
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AN OPERATOR HAS partly won an appeal against the curtailment of its 0-licence for tachograph offences.
The Transport Tribunal heard that Montrose-based Angus Agencies (1997) 0-licence had been cut to one vehicle for 10 weeks when it was called before the Scottish Traffic Commissioner, Joan Aitken, because of breaches of the drivers' hours and tachograph rules.
The Tribunal directed that the licence be curtailed to two vehi cies for two weeks and then to three vehicles and one trailer.
The company held a licence authorising five vehicles and one trailer, with two vehicles in possession.
Evidence was given by a traffic examiner that analysis of tachograph charts revealed infringements by three drivers, including Mark Cessford, the company's director and transport manager. There appeared to be 5,162 kilometers unaccounted for. Cessford's explanation was that he used agency and casual drivers, and when one of the driver's infringements came to light, he had left the firm.
The TC suspended the vocational driving entitlement of Mark Cessford, for three weeks. The Tribunal said that there had been an accumulation of problems.
However, at the date of the public inquiry, those deficiencies had been largely remedied.
Reliance on casual drivers had been reduced, all drivers had been warned about the return of tachograph charts and the need to comply with hours and tachograph regulations.
In addition, charts were stored in relation to each vehicle, and that the company had bought a vehicle with a digital tachograph, limiting the use of that vehicle to one single named driver and one relief driver.