Owner-driver's breaks were working time
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A Welsh ownerdriver, who was fined £1,200 for 25 offences of falsifying tachograph records when he appeared before Flirrtshire magistrates in March, has had his 0-licence and HGV driving entitlement suspended for a fortnight.
David Salisbury, of Bartlett, was called before Welsh Traffic Commissioner David Dixon at a Wrexham disciplinary inquiry.
Traffic examiner Geoffrey Whitley said he had analysed six months' tachograph charts and compared them with delivery notes obtained from Tilcon South. it was clear that Salisbury had recorded breaks when undertaking other work in quarries. Salisbury had readily admitted interrupting the tachograph by "pulling the fuse".
Salisbury said that if he had taken his breaks at the correct time someone else would have taken his load. It had just been a case of making a Oiling. He had been aware the practice was illegal but unfortunately it was a case of survival of the fittest.
Asked whether he had discussed it with the quarry people, Salisbury said they did not want to know. It was the same with the rates.
He had not committed any OffBnCeS since, said Salisbury. He was following the traffic examiner's advice and splitting the 45-minute break into periods of not less than 15 minutes. The examiner had also explained that off-road driving did not count towards his daily driving total.
The Commissioner commented that sooner or later the Vehicle Inspectorate caught up with people who were not operating property.
Whitley said that if Salisbury had taken professional advice there would have been no need for him to commit the offences.
Warning that any future problems wore likely to result in much more severe action, the Commissioner said that It was regrettable that ignorance of the finer points of the drivers' hours regulations had led to Salisbury's appearance before him. The VI was always ready to give advice if asked.