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24th September 2009
Page 21
Page 21, 24th September 2009 — I '"'"" THREE
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Tribunal backs decision to take 0-licence

THE FIVE-YEAR disqualification from holding an 0-licence of Forfar-based Alexander Kydd, trading as Sandy Kydd Road Transport, has been upheld by the Transport Tribunal on appeal.

The decision to revoke the firm's 0-licence was taken by Scottish Deputy Traffic Commissioner Richard McFarlane because of the falsification of tachograph records (CM 23 April).

The DTC was informed that an examination of 258 tacho charts, together with other documentation, showed that six drivers had falsified tacho records on 220 occasions — in the main, this had been done by "pulling fuses': Kydd had also, on occasion, put his name to charts when the vehicle was driven by someone else.

Drivers were paid extra money for extra loads and/or distances travelled. To travel the distances involved, the drivers would have had to breach the drivers' hours rules (CM 19 February).

The Tribunal had no doubt that Kydd must have known what was going on. and that the drivers were paid for the hours they actually worked. They considered he was fully aware of both the extent of the falsifications and of the many excess hours that were being clocked up.

Added to that was his non-co-operation, his lack of frankness while giving evidence and his failure at any time to discipline his drivers.

The traffic examiners had been met with prevarication and nonco-operation from the beginning, but through their persistence and expertise, they had uncovered some serious shortcomings that would otherwise have remained concealed.There was a serious risk to road safety throughout.

Tags

Organisations: Transport Tribunal
Locations: Forfar

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