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Licence cut for failing to report convictions

1st December 2011
Page 18
Page 18, 1st December 2011 — Licence cut for failing to report convictions
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Haulier that relies on agency drivers failed to report 11 convictions to the traffic commissioner

A LONDON HAULIER that depends on agency drivers has had its eightvehicle licence curtailed to ive for 14 days.

The company had failed to report 11 convictions, mainly relating to drivers’ hours rules, to the trafic commissioner. Two of its agency drivers were also penalised.

Perishable Movements of Feltham, Hounslow, appeared at a public inquiry in Eastbourne before John Baker, deputy TC, South Eastern and Metropolitan trafic area.

The DTC heard from director Michael Parr that the company’s drivers now work four days on, four days off to prevent a repeat of the offences.

The company relies on agency drivers for its business collecting food deliveries from airports including Heathrow, Gatwick, Luton and Stansted. It employs one driver of its own.

Nardev Singh, one of the agency HGV drivers, gave evidence. He had been convicted of four offences that went unreported, including three offences of failing to take proper weekly rest and one of failing to record other work.

Singh said he was unaware that time he spent driving a van must also be recorded, but accepted that he had been briefed on drivers’ hours rules when he joined. His licence was suspended for ive days, of which four are his nonworking days.

A second agency driver, Sarbjit Chumber, is in prison for offences unrelated to HGV driving. He had four convictions, also unreported to the TC. These included one for driving HGVs without a Class 1 licence. He deceived the company into believing he held the correct licence when he joined their roster. The DTC revoked his licence indeinitely.

Another driver, Abdul Mohammed, had committed hours offences and had received two warnings from the company for exceeding his hours.

Timothy Nesbitt, representing the company, asked Parr why he had failed to notify the drivers’ convictions within 28 days.

“I apologise, it was a serious oversight on my part,” said Parr, adding that he believed VOSA had notiied the TC since they brought the prosecution.

The DTC asked Parr whether he was aware that the responsibility for agency drivers driving legally belonged to the company. He conirmed that he did.

Summing up, the DTC said the offences were at the lower end of the scale and he noted the company had introduced new shift patterns and refresher training to remedy the problems.

“I am impressed by the action taken by the company,” he said.