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P TRIBUNAL

17th September 2009
Page 16
Page 16, 17th September 2009 — P TRIBUNAL
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Transport Tribunal dismisses tacho fraud boss ban appeal.

A FORFAR OPERATOR disqualified from holding an 0-licence for five years after he was found to have overseen widespread tacho fraud, has failed to have the length of the ban cut.

The Transport Tribunal said it had no hesitation in dismissing the appeal from Alexander Kydd, who trades as Sandy Kydd Road Transport.

Kydd had tried to get the length of his ban cut to three years, claiming he had not known the full extort of the drivers' falsifications and excess hours worked.

The tribunal concluded: "From consideration of the papers [we] have no doubt [Kydd] must have known what was going on, and that the drivers were paid for hours actually worked: {Kydd] was aware of of the excess hours driven and the extent of the falsifications.

"Added to this is his persistent nonco-operation, his lack of frankness while giving evidence, and his failure at any time to discipline his drivers."

Scottish Deputy Traffic Commissioner Richard McFarlane had revoked the firm's 0-licence and disqualified Kydd following a public inquiry in April. The inquiry was told drivers often broke the hours' rules and falsified tacho charts in order to boost their earnings.

McFarlane said they had done so aided by Kydd, and that the motivation for the fraud was financial greed.

Kydd still maintains he was not aware of what was going on.


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