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Hours agreement stops punishment

28th January 1999
Page 21
Page 21, 28th January 1999 — Hours agreement stops punishment
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Which of the following most accurately describes the problem?

• Glynwedd Pipe Systems, which had been fined £14,000 for permitting drivers' hours offences, escaped with a warning when it appeared at a Bristol disciplinary inquiry before Western Traffic Commissioner Christopher Heaps.

The company, which trades as Capper Plastics, was fined £22,000 in September by Bristol magistrates for 22 offences of permitting drivers to drive for more than 4.5 hours without the required break.

The company appealed against eight convictions relating to an agency driver; the fines were reduced to £14,000. The Commissioner also took account of the company's conviction by Fareham magistrates last May for three tacho chart offences, for which it was fined £300.

For the company, Lawrence Walton said the Fareham convictions had arisen because the depot manager had been on holiday. The holiday cover problem had been solved. The Bristol convictions related to the Avonmouth operating centre.

It was company policy to have a random set of 14 days' tacho charts checked every three months by the PTA.

The compa ny believed the breaches had been identified and the drivers reprimanded. However, as no written evidence of disciplinary action had been recorded, the magistrates had taken the view that the company had "turned a blind eye to the obvious", hence the high fines. That flaw had now been corrected.

Managing director Peter Gordon agreed to give drivers written instructions about the tacho rules; to only use agency drivers who were knowledgeable about the rules; to maintain written records of disciplinary action taken against drivers; and to maintain a system for collecting and checking charts at each depot. These undertakings would apply to licences held in all traffic areas. The TC said because of those undertakings, no sanction need be taken against the company's licence in the Western Area


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