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Better off as a sole trader
Page 33
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A Cheshire haulier has his authorisation cut to owner-driver status as the IC concludes he lacks management skill.
A CHESHIRE haulier who treated his drivers as "a family" and did not like confrontation with them has had his licence reduced so that he can only act as an owner-driver following a number of hours and tachograph offences.
Widnes-based John Smith, trading as John Smith Bulk Powders. had a licence for four vehicles and four trailers until he appeared before North Western Deputy Traffic Commissioner Patrick Mulvenna.
Traffic examiner Joanne Henharen told the inquiry that an investigation of one month's tacho charts revealed offences by three drivers, including Smith:They included exceeding 4.5 hours' driving without the required break, taking insufficient daily rest, failing to use a tachograph and failing to produce tachograph records.
There was no written disciplinary system. no evidence of any action being taken when charts were not handed in, nor of any breaches being brought to the drivers' attention. During an investigation in 2002 she had warned Smith that his systems were inadequate. Her advice on setting up the required systems had clearly not been taken.
Smith had been unable to provide details on one of the drivers. Smith and the other driver had been prosecuted: Smith was fined £750 with £150 costs: the driver was fined £650 with £150 costs.
Henharen agreed that allegations that Smith had permitted the drivers' offences had been dismissed.
Smith said he had always run vehicles as a family affair and it was difficult for him to condemn men who had breached the law in varying degrees. He still could not grasp why ordinary family men could be made to look as though they were flouting the law.
The drivers were always told to work legally, he added, telling the DTC that he had driven for more than 4.5 hours after being delayed in roadworks. His daily rest offence was simply an oversight. He had always taken on work that was reasonably easy to do.
He had perhaps been too lenient with the drivers and trusted them too much.
Smith agreed that in 2003 four drivers had been prosecuted for hours offences and one for the falsification of tachograph records. He claimed that most of those offences related to ferry crossings. The drivers had left one by one and as they did he sold the vehicles as he had had enough. His heart had gone out of transport.
He currently had only one vehicle and trailer which he would drive himself if the right contract came along.
In reply to the DTC, he said he did not like confrontation with drivers. When he had the tachograph charts analysed by the RHA he had ended up with reams of computer printouts that he did not understand. He had missed the offences as he had not had time to look at all the charts himself.
Cutting the licence to one vehicle and one trailer, the DTC said that he was satisfied that Smith had learnt a salutary lesson and that he would comply with the law as an owner-driver. However, he was not satisfied that he had the ability to ensure that others did so. •