Wincanton 'said drivers exempt from tachographs'
Page 6
If you've noticed an error in this article please click here to report it so we can fix it.
• by Mike Jewell The consideration of disciplinary action against Wincanton's West Midlands Operator's Licence has been adjourned by Traffic Commissioner David Dixon, because he wants the company to answer allegations that it told drivers they could work as many hours as they wanted.
In January Wincanton was fined 129,200 with 11,465 costs by Walsall magistrates after it admitted allowing 12 drivers to exceed the permitted 11-hour domestic hours daily limit while working on a milk contract i CM28 Jan-3 Feb).
For the drivers, Jo Hilliard said that before working for Wincanton none of them had had any experience of driving under the domestic hours rules. They were told by up to three levels of management that they were exempt from tachographs. and no hours rules applied to this work.
The drivers told the TO they were told the milk had to be brought in, as it was a perishable commodity, and that it was all right to drive as many hours as they could. They had believed a company the size of Wincanton knew best.
Some said they were made aware of the EU rules to some extent while they were being trained for their NOV tests. but no mention was made of the domestic hours rules.
Driver Gordon Griffiths said that after the offences came to light the rules were explained by the Vehicle Inspectorate, and they received training from Wincanton. However, Wincanton's explanation of the rules differed from the VI's. Dixon said this was one of the matters he would take up with the company.
Suspending the drivers' NOV licences for three days, the TC said they had clearly been misled by Wincanton. on which a fair amount of responsibility rested.
This case illustrated the problem of having two sets of hours rules, he added. Firms who trained NOV drivers should at least make them aware of the domestic hours rules, even if not in great detail.
Seeking an adjournment, Geoffrey Jones for Wincanton said it had not had any notice the TC intended to take account of what was said by the drivers, and its case had not been prepared on that basis. It might want to call other witnesses.
The company's licence authorises the use of 694 vehicles and 1,028 trailers.