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French fines made Lavelle open tad(' head 93 times
Page 30
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SETTING UP A company to operate his vehicles without authority has cost a Motherwell international haulier his licence. As well as revoking Charles Lavelle's 0-licence, Scottish Deputy Traffic Commissioner Richard McFarlane also suspended Lavelle's HGV driving licence for three weeks for hours and tacho offences.
Lavelle. who held a licence for 10 vehicles and 10 trailers, appeared before the DTC at an Aberdeen Public Inquiry.
For Lavelle, Michael Allan said that on the advice of his accountant he had formed a limited company, Lavelle Transport (Scotland). and that company had been operating Lavelle's three vehicles since June 2003 although the licence was in Lavelle's name. This meant that Lavelle Transport held the purse strings while the licence holder, Charles Lavelle, was unable to support the operation financially.
The DTC said that the limited company had no lawful authority to use the vehicles as it did not hold an 0-licence.
Thffic examiner Joseph Logan said that an analysis of 107 of Lavelle's charts revealed that the tachograph head had been opened and the chart removed on 93 occasi ons.The re were three offences of failing to keep a continuous record, two of failing to preserve charts, two of making false records by winding the clock back. two of altering charts with intent to deceive and one of knowingly making a false record by pulling the fuse.
Lavelle said that shortly before he was asked to produce his tachograph charts to the traffic examiner he had been stopped in France by the French police who fined him €700 for hours offenees.This had made him anxious about the hours rules so he regularly opened the tachograph head to check the length of time he had been driving. This was why he had wound the clock back in France and created false records by scratching entries on two charts. He denied removing the fuse,