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More than a warning would be disproportionate

24th February 2005
Page 33
Page 33, 24th February 2005 — More than a warning would be disproportionate
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Which of the following most accurately describes the problem?

POOR RECORD keeping and the issue of a delayed prohibition for brake defects led to an owner-driver receiving a formal warning when he appeared before North Western Deputy Traffic Commissioner Patrick MuIvenna The TC issued the warning to Nigel Patrick, trading as NP Auto Transport, of Langley Mill, at an Oldham disciplinary inquiry. He stressed that owner-drivers needed to be aware of the necessity of paperwork to show they had a maintenance system which kept their vehicles fit and roadworthy.

Vehicle examiner Martin Garlick said Patrick's vehicle had been given a delayed prohibition for a cracked brake disc and worn brake pads.The inspection sheets were not signed off.There was no forward planner with the date of the next inspection being noted in a diary. Patrick was noting defects in a book, but there were no daily defect reports. He agreed he was now satisfied that the paperwork issues had been put right.

Patrick said he drove a car transporter which was his pride and joy. There had been only one annual test failure in the past 12 years and that had been for a small crack on a light lens.

Asked about the prohibition, Patrick said the brakes pads had been due to be changed at the next inspection two days later. When a garage stripped the brakes down they found that the disc was not cracked. He was now having quarterly rolling road brake tests.

Issuing the warning, the TC decided that it would be disproportionate to take action which would damage the business.


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