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ukes awaits licence terdict from Tribunal

24th January 2002
Page 7
Page 7, 24th January 2002 — ukes awaits licence terdict from Tribunal
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Which of the following most accurately describes the problem?

Keywords : Tachograph, Law / Crime

by Mike Jewell

irthern Irish haulier Dukes insport (Craigavon) and its .ectors are awaiting the outme of their appeals against ) loss of their Scottish ierator's Licence.

Scottish Traffic Commissioner chael Betts had revoked the m's Scottish licence and disallied it from holding a roe in any traffic area. Its nt managing directors, nston and Ronald Duke, were qualified for 10 years and its ler directors for periods nging from two to six years M6-14 Nov 2001).

The orders came after the found that Dukes was no iger of good repute following ) conviction of 42 of its drirs for 176 offences of falsify:tachograph records.

The Transport Tribunal will nounce its decision in writing lowing a three-day appeal aring in Edinburgh.

Before the Tribunal, David illips QC, for Dukes, said that tice had not been done. He d it was clear that the dri-s' offences were serious, but vas not as bad a case as the Vehicle Inspectorate had originally believed. In addition, said Phillips, the TC had found there had been no threats of violence against the drivers, and no concerted head office policy of breaking the hours rules.

In fact, he told the Tribunal, local management in two depots had been turning a blind eye to the hours offences simply for its own convenience but had not been encouraging it.

The IC had found that for two years since the offences were committed the company had been running properly, said Phillips: it might have been expected that he would conclude it was still of good repute because of what had been done in the intervening period.

The routes had been planned to operate within the drivers' hours limits, Phillips added. The reason it went wrong was that some of the journeys to Dundee were driven single rather than doublemanned. The company had put qualified people in place as depot managers and had had a system for their supervision.

Appearing for the Vehicle Inspectorate, Richard Wadkin pointed out that the Tribunal had said in the past that it was not enough to have systems in place: directors had a responsibility to constantly supervise to ensure that those systems were working effectively

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Organisations: Transport Tribunal
Locations: Edinburgh

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