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Tipper firm pulls its socks up after fines

28th August 2008, Page 22
28th August 2008
Page 22
Page 22, 28th August 2008 — Tipper firm pulls its socks up after fines
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Which of the following most accurately describes the problem?

The DTC issues a warning but also commends the operator for having sought professional advice.

A NORTH WALES tipper firm which had been heavily fined for drivers' hours offences escaped with formal warnings when it appeared before Welsh Deputy Commissioner Lester Maddrell. The company had put a new training regime in place and admitted that new regulations on off-road driving had sometimes been overlooked.

Penyffordd, Flintshire-based Mark and Audrey Kynaston, trading as M&A Kynaston (Haulage), with a five-vehicle licence, appeared before the DTC at a disciplinary inquiry.

Mark Kynaston and three of the firm's drivers had paid £7,650 in fines and costs after pleading guilty to drivers' hours offences before the Wrexham Magistrates (`Wrexham Magistrates fine Flintshire firm', CM 3 July).

Traffic examiner Andrea Bennett said that last November the firm had been requested to produce tachograph records for October. Subsequent analysis of 117 tachograph records revealed the offences. The systems in place at the time for checking tachograph records were inadequate in that Mark Kynaston did not keep a record of which had been checked and what action was taken when offences were found.

When interviewed, he said he did not think disciplinary action was necessary when offences were found, preferring to discuss them with the drivers rather than discipline them.

Kynaston subsequently pleaded guilty to permitting 13 offences of exceeding 41/2 hours of driving without the required break and three of exceeding the daily driving limit. He was fined £4,800 with £350 costs.

In reply to Tim Culpin, for the firm, Bennett agreed that breaks had been taken, but incorrectly.

Culpin said the drivers had since received training and hand-held devices called Tac Tracks were used to keep a close watch on driving times. The tachograph records were now sent for outside analysis. Three vehicles had been checked at Holyhead in June without any problems.

Maintaining that the breaches were inadvertent, Mark Kynaston said the main cause of the offences had been the miscalculation of driving time. The vehicles were tippers and did a lot of off-road driving. On occasions the new rules that such driving counts as 'driving time' and the new rules in regard to breaks were overlooked. Using Tac Tracks to take out stationary time had led to differences on the charts, leading to breaches of the rules in regard to breaks.

Culpin said that every operator could learn from Mark Kynaston and his drivers as he had rarely seen the level of professionalism they showed.

The DTC said the month of October was "a short video clip" of the situation at that time. Professional advice had since been taken, something he strongly commended.


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