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0-Licence lost as firm could not be trusted'

18th February 2010
Page 22
Page 22, 18th February 2010 — 0-Licence lost as firm could not be trusted'
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Which of the following most accurately describes the problem?

Two UK-operated trucks were flagged out to Holland, and 38 drivers hours and tacho offences were revealed.

AN OPERATOR WHO "could not be trustedhas lost his 0-licence and HGV licence for offences including infringment of drivers' hours and tachograph rules, and unauthorised vehicle use.

Andrew Cairns, trading as Silverline Transport Service of Arisaig, Invernessshire, had flagged out two vehicles to Holland. although they appeared to have never left the UK.

Scottish Deputy Traffic Commissioner Richard McFarlane revoked Cairns' 0-licence indefinitely. He also revoked his HGV driving licence and disqualified him from holding one for two years.

The DTC concluded that Cairns was a man who could not be trusted, and that it was highly unlikely he would

operate in compliance with the 0-licensing regime.

Cairns held an 0-licence for two vehicles and four trailers. In 2005, Scottish TC Joan Aitken curtailed the licence to one vehicle for eight weeks and suspended his HGV driving licence for the same period because of drivers' hours and tachograph offences.

She added a condition that Cairns employ a transport consultant to carry out tachograph analysis and to report to her every month for as long as she deemed necessary.

The DTC was told of the use of 13 vehicles, two of which had been flagged out to Holland and 38 drivers' hours and tachograph offences were detailed by a traffic examiner.

The DTC said there appeared to be little difference in the day-to-day operation of the two vehicles that were flagged out to Holland. Both Dutch

registered vehicles had been stopped in UK roadside checks. On each occasion, the vehicles were being driven by drivers employed by Cairns, but the drivers said they drove for Eurosco BV, which, they said, owned the vehicles However, he was satisfied Cairns was the employer of all drivers who drove the vehicles, whether registered in the UK or Holland. He was also satisfied that there has been no change in the day-to-day UK use of the vehicles since their flagging out to Holland.

Cairns had been hiring a number of vehicles and not specifying them on the licence. He had also committed a number of drivers' hours offences. Of great concern were the numerous times he removed his digicard while driving a vehicle. He had driven considerably in excess of the permitted drivers' hours Cairns had also failed to comply with the undertaking given to the TC.


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