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Operator assumed VOSA
Page 34
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0 would report conviction A WIDNES firm escaped disciplinary action after failing to report a conviction for a missing tachograph chart because the TC had some sympathy" with its belief that she would know about the offence because it had been a VOSA prosecution.
North Western Traffic Commissioner Beverley Bell's comments came when Widnes-based Redway European appeared before her at a Kendal disciplinary inquiry. The company was also seeking to increase the authorisation on its licence from 10 vehicles and 10 trailers to 16 vehicles and 16 trailers.
The company had appeared at a previous public inquiry in December 2001 as a result of the falsification of tachograph records and speed limiter abuse by its drivers. It received a warning after giving a number of undertakings.
Director Christopher Carr had told the TC that he had not reported a conviction for failing to produce a tachograph record as it had been a VOSA prosecu tion and he had assumed that she would already be aware of it. In reply to the 'I'C, Carr said that the fine of £5.000 had been reduced to £300 on appeal to Mold Crown Court.
The circumstances were that a traffic examiner had asked for a particular chart for a particular day after one of the company's vehicles was seen at Hartshead Moor by a VOSA officer who felt the driver was exceeding the speed limit. Unfortunately they had been unable to produce the chart and he could only assume it had not been handed in.
The TC remarked that the traffic examiner had since reported that Redway European maintained a good filing system and that the current system of tachograph chart analysis was adequate.
Taking no action against the company, the TC granted interim authority for the additional vehicles and trailers pending a review of the company's financial standing in September.