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Suspension for owner-driver who did not use mode switch

21st September 2006
Page 34
Page 34, 21st September 2006 — Suspension for owner-driver who did not use mode switch
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A SCOTTISH owner-driver has had his one-truck operator's licence and his LGV driving licence suspended for six weeks following a series of tachograph and hours offences.

Making the ruling against Armadale-based John Erskine, Scottish Traffic Commissioner Joan Aitken stressed that she could not let hauliers flout the rules: "I cannot allow professional drivers and operators to think that they can get away without using the mode switch properly and without making an accurate record of their driving, duty and breaks.

She described Erskine's manual entry charts as -demonstrably not accurate" and said that his failure to use the mode switch correctly meant that it was impossible to form an accurate picture of what he was doing when he was not driving.

Traffic examiner Ronald Malloy reported that examination of Erskine's tachograph records for November and December 2004 showed that he had not used the mode switch to show he was taking a break. Some manual entries and charts were clearly inaccurate as the vehicle could not have travelled the distances in the time shown.

They also revealed five instances of falsification, 22 offences of exceeding 41/2 hours' driving without a break, two of insufficient daily rest, three of exceeding the daily driving limit and one of failing to record a journey as duty time.

Another 28 charts for June and July 2005 were subsequently produced, which showed more offences. On all but one, it was possible that Erskine had again simply failed to use the mode switch.

Erskine said the risk of attracting illegal stowaways near Calais had prompted his transgressions—he did not stop anywhere near the port as he wanted to get back to Britain as soon as possible.

Aitken granted Erskine four weeks to produce evidence of financial standing.

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Locations: Armadale

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