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Five-year ban from holding 0-licence in any Traffic Area
Page 23
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Revoked operator tried to hide chart by sitting on it Mike Jewell reports.
TACHOGRAPH and drivers hours' offences, including creating false charts and breaching the Working Time Regulations, have led to an operator being disqualified from holding or obtaining an 0-licence in any Traffic Area for the next five years.
Scottish Deputy Traffic Commissioner Richard McFarlane also revoked Bathgatebased Derek Carnochan's LGV driving licence and disqualified him from holding such a licence for two years,fo llowing an Edinburgh disciplinary inquiry Many of Carnochan's offences were committed while he was working as a transport Ii itiager for another operator.
Two operating centres Carnochan held a licence for two vehicles and two trailers with operating centres at Castle Douglas and Bathgate. In October 2004 his 0-licence was suspended for two weeks and his LGV licence for three weeks following a series of overloading, hours and tachograph offences including the falsification of charts.
Traffic examiner James Sweetin told the DTC that when he requested the production of tachograph charts in January 2005 Carnochan claimed they had been destroyed in a fire at his Castle Douglas premises. When asked for further charts in December 2005 Carnochan said he was unable to produce them because one of his drivers had taken them home and they had been destroyed by his daughter.
When interviewed.Carnochan said that from August 2005 he had been employed as a fulltime transport manager by Robert Burns. His duties required occasional driving, and charts for the period January to March 2006 were produced.The centrefield details on one did not relate to the vehicle operated by Carnochan and there was no name in the ccntrefield. Carnochan had attempted to conceal that chart by sitting on it. Analysis of the 39 charts produced reveale episodes when a proper record of duty time ha not been kept.
An examination of charts produced 17 Robert Burns revealed similar episode Carnochan refused to discuss a chart on whic the odometer reading at the start of the journ( had been altered. There were two charts i Carnoch an's name on the same day putting hit in control of two vehicles at the same time.
Svveetin believed the chart Carnochan hE attempted to conceal related to a Burns vehic which had been driven by Malcolm Sincla: and Carnochan had intended to put his ovN name on it to conceal driving and duty tin undertaken by Sinclair.
No record of hours worked Carnochan had said he did not keep recori of the total hours worked by him on his om account or for Burns and the associat( company Vitrans. This was in contravention the WorkingTime Regulations.
Deciding that Carnochan had lost h repute, both as an operator and a transpe manager, the DTC was satisfied that he In deliberately neglected to record duty time at had falsified tachograph records. With regard various charts associating him with journeys Lincolnshire, the OTC concluded thy were n Carnochan's and had been created to cover unlawful driving by others.