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'radio fiddling results in licence suspension
Page 22
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John Smith Transport's -pick'n'mix" approach to the 0-licence regime was deemed negligent by DTC THE FALSIFICATION of tachograph records by the one driver employed by Poulton-Le-Fylde-based John Smith Transport has resulted in the company's 0-licence being suspended for seven days, and its application for an increased number of vehicles being adjourned for three months. The company, which holds a licence for one vehicle and one trailer, was seeking to increase the authorisation to three vehicles and three trailers, and was called before the North West Deputy Traffic Commissioner, Elizabeth Perrett. But the application was reduced to one for an additional vehicle and trailer during the hearing. There was a public inquiry in 2004 when drivers hours and tachograph offences were the issue.
The DTC was told that the driver had interfered with the tachograph, winding the clock back, and had, on a number of occasions, "tipped off the card" while transporting containers for Maritime Transport (CM 20 March, '0-licence in jeopardy after tacho offences).
Perrett was concerned that details of convictions had not been disclosed in the application form, and that the vehicle was often at Maritime's premises at Trafford Park or Scania's in Preston, without finding out if that was allowed.
The DTC said Smith regarded the 0-licensing system as a bit like the "pick'n'mix counter in Woolworths". He appeared to think he could pick which parts he liked and ignore others.
While he could probably muddle along as an owner-driver, the system fell to pieces the minute anyone else was involved. It was not good enough to assume employees knew what they were doing and allow them to get on with it, especially when they were away from base for long periods. Smith had been casual to the point of negligence.
By allowing Maritime to dictate where the driver should go without any input from Smith as the transport manager and operator, she wasn't satisfied that he had the required continuous and effective responsibility. She was prepared to find that Smith had not lost his repute as transport manager, but only just.
She had serious reservations over Smith's ability to run a compliant operation, and after much soul searching, she found that the firm's repute was not lost, but that it was on thin ice.