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isqualification after drivers break the law
Page 22
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AN OPERATOR WHO permitted drivers to flout hours regulations and to falsify tachograph records has had his 0-licence revoked and his HGV licence suspended. The operator has also been disqualified from holding or obtaining an 0-licence for five years.
Forfar-based Alexander Kydd, trading as Sandy Kydd Road Transport, was appearing before Scottish Deputy Traffic Conunissioner Richard McFarlane.
The DTC was told an examination of 258 tacho charts, together with other documents, showed six drivers had falsified tachograph records on 220 orrasions, usually by "pulling fuses': Kydd had sometimes put his name on charts when the vehicle was driven by someone else. Drivers were given bonuses for extra loads or distances travelled and sometimes both.
To travel the distances involved, the drivers had to breach the drivers' hours rules ('Haulier awaits tacho offences decision', CM 19 February). Kydd, who operated step-frame trailers and low loaders that principally carried farm machinery, said that he bought the best vehicles and customised them. He accepted that many charts were incorrect, but maintained that he had been unaware of that at the time.
For Kydd, Michael Allan said that he and his drivers were a group of friends and he hadn't checked their charts as he should have done. If action was taken, Kydd would find it difficult to keep the business going.
The DTC said there was insufficient time for the drivers to lawfully undertake the work they were given. They went along with it and received a significant financial return. Kydd knew the hours worked by each driver, so he knew they were working in excess of the limits.
He was well placed to know if a job he gave to a driver could be completed within the hours lawfully available.
The DTC considered the falsification of charts had been happening for some time, and he was in no doubt that Kydd knew his drivers were unable to carry out the work he assigned them without significant breaches of the rules.
Not only did he cause and permit the drivers to break the law, he also aided and abetted them.
The DTC revoked the HGV driving licences of five drivers and disqualified them from holding such a licence for periods that varied between 24 and 30 months.
In addition, McFarlane suspended the HGV licences held by Kydd, and the firm's mechanic, Philip Ogilvy, who had put their names on false charts, for four weeks.