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Tribunal quashes DTC Licence reduction
Page 30
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THE TRANSPORT Tribunal has quashed the decision of the South Eastern & Metropolitan Deputy Traffic Commissioner Christopher Heaps that cut the licence held by Wimbledonbased Robert and Steven Kingman, who were trading as Kingman Services.
Their licence was reduced from 40 vehicles and 12 trailers to 35 vehicles and 12 trailers because of drivers' hours and tachograph offences.
The DTC had been told that when two of the firm's vehicles were stopped by police, in the first instance, 12 or 13 tacho charts contained distances that were less than those claimed, and were consistent with charts being taken out early. In the second instance, there were 11 occasions when the required 45-minute breaks after four-and-half hours of driving had not been taken — the time being exceeded by amounts that varied between 20 minutes and almost four hours.
In his decision, the DTC said that despite evidence of systems now being in place, he concluded the firm had paid insufficient attention to its responsibilities in relation to drivers' hours.
Heaps also took account of the fact that the company had its licence curtailed for a period in 2004 and had also been given a warning in 2006 when both vehicle maintenance and drivers' hours were the issues The Tribunal said it was evident, particularly in the case of the two drivers, that the firm's supervision and training was insufficient, and that not only was the sample of two drivers over a short period small, but road safety did not also appear to be an issue.
It was also surprised that the police and Vosa did not give the company an opportunity to comment on the infringements before action was taken.
The firm was being proactive in its attempts to train its drivers. It also took account of the fact the DTC accepted all checks by Vosa in the past year had been clear.