Two-week suspension for unauthorised use
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Vehicle caught with wrong disc and tacho-fiddling device Leads to 14-day suspension.
A SCOTTISH operator's 0-licence has been revoked after it was found to be running more vehicles than it was authorised to do, thereby denying work to compliant operators.
In revoking the licence held by Cumnock haulier and farmer Robert Laird, the Scottish Traffic Commissioner Joan Aitken (right) granted an application for a new licence by Laird and his son. Robin, to take effect 14 days after the revocation. The ruling effectively means a 14-day suspension for the partnership.
Robert Laird held an 0-licence for eight vehicles and nine trailers, and the partnership sought a licence for 12 vehicles and 16 trailers. But the TC was only prepared to grant eight vehicles and nine trailers.
The TC was told that in February 2009 an artic driven by William Fleming was stopped in a check. The vehicle was displaying an 0-licence disc in the name of Al [sorts Transport and Trading Ltd, trading as Stephen Donnelly. When the tachograph was checked. an interrupter switch was found. Fleming said he was employed by Robert Laird, although the vehicle belonged to Donnelly. He said that he used the switch for his own benefit and neither Laird nor Donnelly knew about it.
On 9 February, Donnelly telephoned the Traffic Area Office to say the vehicle had been sold to Laird in January.
His mechanic had failed to remove the disc when the vehicle was collected.
Robin Laird said he and his father had operated as a partnership since 2003. Agreeing that they had operated two more vehicles than they were authorised for. he said they had talked to Donnelly about running the purchased lorry on his licence until an interim was sorted out. The additional vehicles had been parked up since February 2009.
The TC said the Lairds had been operating without lawful authority given their partnership. If the vehicle had not been stopped and the interrupter device found, they would have got away with using a disc that they were not entitled to and operating in excess of the licence authorisation.
She was concerned about a business in which a driver was found to be using a switch and wondered what pressures such a driver was under. The Lairds chose not to continue to subcontract their work as they had done with Donnelly, but to take it in using the Donnelly vehicles, which they had purchased.
They could have bided their time and used other subcontractors, but that would have cost them money.
Other compliant operators should have had the opportunity to do the work that the Lairds took on when they were not authorised to do so.