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/I LEGAL BRIEFS

18th September 2008
Page 28
Page 28, 18th September 2008 — /I LEGAL BRIEFS
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Warnings over drivers' hours

Holbeach-based James Smith Transport has been given a formal warning about its drivers complying with the drivers' hours and tachograph rules by Eastern Deputy Traffic Commissioner Mary Kane.

The company was called before the DTC at a Cambridge disciplinary inquiry. It undertook to provide a "driver's pack" containing all information given to drivers, translated into Polish. with the English original within three months; that director and transport manager James Smith would undertake refresher training as transport manager in 12 months, that he would provide evidence of the course booking in three months and provide the certificate of such within; and to use independent analysts to check tachographs and to inform the TC should they cease to do so, forthwith.

Licence suspended for 14 days

Breaches of the drivers' hours and tachograph rules have resulted in the licence held by Uskbased Farmhouse Freedom Eggs being suspended for 14 days by the Welsh Traffic Commissioner Nick Jones.

The company, which appeared before the TC at a Cardiff disciplinary inquiry, gave a number of undertakings.

It undertook to reply to any correspondence from Vosa in three working days of receipt and to respond to requests for information and/or assistance when required, as a top priority; to supply all tachograph charts, for all drivers, for August to Vosa by 30 September, and if that analysis was satisfactory then a further full month's tachograph audit to be undertaken by the end of the year; management audit reports to be sent to Vosa on a format and frequency to be agreed with Vosa in 28 days; and to employ, under a Contract of Employment, a CPC holder qualified by examination, reporting directly to the managing director from 1 October at the latest, with any change of CPC holder to be notified to the TC's Office.

PI adjourned, Licence suspended

In adjourning consideration of what action to take against the licence held by Stoke-on-Trent based H Tideswell until late September, West Midland Deputy Traffic Commissioner Roger Seymour has suspended it in its entirety, The company appeared before the DTC at a Birmingham disciplinary inquiry because of concern over its vehicle maintenance record. At the next hearing. the DTC expects the company to produce written evidence of a proper system of punctual safety inspections every six weeks for both vehicles and trailers with contractual arrangements for roller brake testing for both vehicles and trailers every eight weeks.

He also requires evidence of a functioning nil drivers' defect report system, a written policy relating to wheel nut integrity, which has been delivered and signed by both drivers and workshop staff, and evidence of written contracts of employment for drivers and workshop staff, together with a written list of instructions and a written disciplinary code.

The DTC said that he proposed to make a finding that transport manager Trevor Tideswell had lost his good repute and would require written evidence of steps taken to appoint a CPC holder as a new transport manager.


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