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Indefinite ban after nine prohibitions in five years
Page 31
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The TC did not believe the transport manager's story that missing
tachograph records had been stolen. Mike Jewell reports.
A FIRM THAT received nine prohibitions in five years and had no maintenance systems in place has had its licence revoked and its director has been disqualified from holding an 0-licence indefinitely.
Stoney Down, Glamorgan-based Marilyn Davies, trading as Railshift, appeared before Welsh Traffic Commissioner Nick Jones who ruled that her transport manager — husband Haydn Davies—had also lost his repute.
Vehicle examiner Kevin Gist said that in addition to nine prohibitions in five years, an investigation in January found no driver defect reporting system and there was no evidence of preventive maintenance.
Haydn Davies claimed that his maintenance records, wall planner and tachograph records had been in a briefcase which had been stolen.
Insufficient rest Traffic examiner Anthony Lewis said a driver stopped in a check in November had taken insufficient daily rest. His vehicle wasn't specified on the firm's 0-licence and Marilyn Davies was subsequently convicted of that offence. The vehicle's condition was poor and prohibition notices were issued.
Haydn Davies had reported problems with the theft of records before. In 2000 he was unable to produce tacho records and claimed they had been in a vehicle that had been stolen.
The TCsaid he did not believe the tachograph and various maintenance records sought by Vosa were stolen as suggested by Haydn Davies. He took account of Haydn Davies' previous problems relating to tachographs which cast substantial doubt on his explanation that they had been stolen from the roof of his car immediately prior to the Vosa visit.
The number and frequency of the prohibition notices, together with Marilyn Davies' failure to maintain, keep safe and make available the appropriate maintenance records for the vehicles and trailers, reflected a systemic and extremely serious failure in her maintenance systems and standards.
Operating vehicles on a regular basis without meeting even the minimum standards for roadworthiness required by the law was of grave concern for public safety.
The TC concluded that Marilyn Davies had little real control over the business and that most of the day-to-day operations were conducted by her husband.
Haydn Davies had failed to meet his responsibilities as transport manager. The number of prohibitions and the conviction, the failure to heed specific advice and the failure to make records available when requested without satisfactory explanation all pointed to a serious dereliction in the performance of those important responsibilities.