TC Jones slams VOSA for acting in ‘excess of its power’
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By Chris Tindall TRAFFIC Commissioner (TC) Nick Jones has accused VOSA of acting “in excess of its powers” , after the agency wrote to an operator without his authority stating it was taking action against its licence.
As a result, Welsh Trafic Area TC Jones says he has been forced to reduce the disqualiication period he gave David Lewis after inding that he had used a magnet to tamper with his tachograph (see story below right.) The blunder comes just days after the chief executive of the Road Haulage Association (RHA) expressed concerns that the latest VOSA business plan appeared to be compromising the independence of the TCs.
In a written decision, Jones says: “I discovered that in respect of the operator’s licence, a warning letter had been sent out by a member of staff employed by VOSA in the Ofice of the TC in Birmingham. This was not with my authority, and no permission has been given or ever would be given to issue a warning for a case of falsiication of records by use of magnets.” Jones goes on to state that while any prejudice arising from this is a matter between VOSA and the operator, he felt bound to take it into account and reduce Lewis’ disqualiication period.
“Objectively there would be an expectation that the letter was sent with authority from me as TC and this ought to be considered as a factor in reducing the disqualiication period as an operator,” he explains.
“In purporting to take action against the operator’s licence, VOSA acted in excess of its powers. Those functions remain the preserve of the TC, as the primary legislation makes clear.” VOSA says the warning letter was sent out “in error” . A spokesman adds: “This is not the usual course of action and was a genuine mistake. We have reviewed our procedures to ensure this does not happen again.”
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