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Operator has licence revoked despite offer to sell livestock
Page 38
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A NORFOLK OPERATOR who offered to sell some of his livestock to meet the financial requirements stipulated by law has had his licence revoked.
Melton Constable, Norfolk-based Jonathan Key blamed his sick partner for the destruction of tachograph records when he appeared before Eastern Traffic Commissioner Tom Macartney.
Vehicle examiner Stephen Howlett told a Cambridge public inquiry that Key no longer had permission to use his operating centre,that not all the safety inspection records were available and that it appeared that inspection frequencies had not been adhered to. Key's vehicle was free from defects and he had a 75% initial pass rate at annual test.
Traffic examiner Kevin Reid said an examination of tachograph records showed instances where the chart had been in the tachograph for over 24 hours, no other work was recorded, 2,453km were unrecorded, and no reason was given for eight manual records produced. Producing a further three tachograph charts covering some of the missing mileage, Key said his partner's health had "gone off the rails" at the time and she had destroyed some of the tachograph records. She had also failed to pass on correspondence. He agreed that the manual records showed offences.
The TC said financial documents produced demonstrated there were insufficient funds on a number of occasions and failed to satisfy the requirement for £6,200 to be available; Key replied that he could sell some of his cows and horses if theTC required.
Revoking the licence, the TC said missing tachograph charts usually concealed greater evils than those identified on the charts made available. He considered that Key had insufficient financial resources available as he did not accept the offer of a cow or a horse as evidence of readily available assets to supplement the limited funds that had been shown to him.