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BREACH OF LICE! UNDERTAKINGS

2nd December 1999
Page 28
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Page 28, 2nd December 1999 — BREACH OF LICE! UNDERTAKINGS
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Which of the following most accurately describes the problem?

• These undertakings are set out on the 0licence application form which every would-be operator has to sign. The form carries the following pledge: "I declare that the statements made in this application are true. I understand that the licence may be revoked if the licence operator does not comply with the undertakings made below and that it is an offence to make a false declaration."

In the form the applicant, or the licensed operator, undertakes to make proper arrangements so that: • The rules on driver's hours and tachographs are observed and proper records kept; • Motor vehicles and trailers are not overloaded; • Drivers will operate within the speed limits; • Vehicles will operate within speed limits; • Vehicles and trailers including hired vehicles and trailers are kept fit and serviceable; • Drivers report promptly any defects or symptoms of defects that could prevent the safe operation of vehicles and trailers, and that any defects are promptly recorded in writing; and • Records are kept (for 15 months) of all driver defect reports, safety inspections, routine maintenance and repairs to vehicles and trailers and these are made available on request; • In respect of each operating centre specified the number of authorised vehicles and trailers kept there will not exceed the maximum number recorded against the operating centre.

The operator will be in breach of his undertakings: • If prohibitions have been placed on vehicles for being unroadworthy or overloaded; • If the operator has been convicted of any offences Involving road transport or other serious offences, or incurs any convictions for which the operator is obliged to notify the Traffic Commissioner; • If in the application for a licence a false statement has been made or undertakings have been given or statements of intent have been made which have not been fulfilled.

Examples of this are where an operator has declared that his site has a certain capacity when in fact it has not; or where an operator states that he will carry out his inspections at a specific interval and does not do so.

If an operator has been made bankrupt or has gone into liquidation then it is clear that he may not satisfy the requirements of financial standing.

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