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Operator prevented from working abroad
Page 20
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Helpful haulier narrowly escapes revocation, but IC cuts authorisation and imposes a suspension period.
DRIVERS' HOURS AND tachograph offences have resulted in the 0-licence held by Dundee-based TS Transport (Scotland) (TST) being suspended in its entirety for four weeks.
The company has also been prevented from operating abroad; and its licence authorisation has been cut from 10 vehicles and 10 trailers to five vehicles and five trailers.
Director and transport manager Darren Wright had been the transport manager on an 0-licence held by Dundee owner-driver Peter Daniel, whose licence was revoked and who was disqualified from holding an 0-licence for five years, after it was found he had been falsifying tacho records (CM 13 November 2008).
Traffic examiners gave evidence that they had found close links between Daniel and TST, who provided him with work and a fuel card. Daniel invoiced TST for the distance driven each week, and TST invoiced him for fuel, When interviewed, Wright had said his father had become ill in November 2007, and, with that additional pressure, he had not been physically checking Daniel's tacho charts, hut did check TSrs charts. He claimed things were back to normal by March 2008.
After analysing tacho charts and other documents produced by the company, 393 apparent infringements were found, including 72 false records There were 713 kilometres unaccounted for.
Director Brian Wright denied that two of his charts were made up to disguise the fact that other people drove the vehicles concerned.
He also denied colluding with any driver to ignore drivers' hours rules or instructing any driver not to use the mode switch.
Wright denied telling drivers to go on even if they had no time. He said it was a family-run firm and the drivers were as much friends as employees.
Training was given to all drivers in August 2008, and he underwent a CPC refresher course. Wright had also set up a checking and reporting system with transport consultant William Smith.
Running sheets and fuel receipts were now checked against the tacho charts, and Smith was auditing the systems every quarter.
Daniel had fallen out with his transport manager, so Darren Wright had reluctantly agreed to act as his transport manager until he got sorted. Scottish Traffic Commissioner Joan Aitken said there was an implicit culture of noncompliance, and that 'getting the jobs' done was very important.
She considered the firm, which was granted an 0-licence in August 2007, had taken off without having compliance at its core. Securing work and making money were the primary motivators.
The TC considered Wright knew he was not paying attention to drivers' hours compliance and was taking a chance. But there were positive features, and the firm appeared to have put its house in order. Given the co-operation with the traffic examiners and the steps taken to put matters right, she could hold back from revocation.