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Licence temporarily cut following Vi investigation into hours regs offences

2nd January 2003, Page 11
2nd January 2003
Page 11
Page 11, 2nd January 2003 — Licence temporarily cut following Vi investigation into hours regs offences
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Keywords : Tachograph

Newton Stewart haulier Derek Jolly has had his licence cut from six vehicles and six trailers to four vehicles and four trailers for two weeks. Jolly, trading as Deejay Transport, was one of a number of operators and their drivers called before Scottish Traffic Commissioner Michael Betts following a Vehicle Inspectorate investigation into allegations of hours offences by drivers employed by Scottish subcontractors of Belfast-based Norfolk Line.

Jolly had been given a formal warning about drivers' hours and tachograph offences at a Public Inquiry in November 1999.

Traffic examiner John Quinn told the TC of seven hours and tachograph convictions against two of Jolly's drivers since the last Public Inquiry. He reported that 100 tachograph charts covering the Norfolk Line work had been analysed. Driver William Clark was found to have falsified tachograph records on two occasions by failing to record driving and duty time on ferry crossings, hiding the fact that insufficient daily and weekly rest had been taken.

Jolly said he had had very little involvement with Norfolk Line, having only one vehicle on contract with them on a set route; Clark took his instructions direct from Norfolk Line. Following the VI investigation he no longer worked for Norfolk Line.

A random selection of tachograph charts were checked six times a year by the Freight Transport Association, Jolly added, and the drivers had been issued with FTA handbooks outlining the

1CASE SUMMARY Operators are responsible for their drivers and must have systems in place to check drivers records so as to be sure they have followed the hours and tachograph rules.

hours and tachograph regulations. He had arranged for the FTA to stage a drivers' hours seminar for his drivers and had tried everything possible to comply with the law following the previous Public Inquiry.

The TC said he was particularly concerned by Jolly's abrogation of responsibility for the Norfolk Line work. He had no knowledge of the ferry crossings or where Clark was to make his deliveries, so it was impossible for him to check if Clark's charts were honest.

The TC said he believed that Jolly was trying, which was why he had not revoked his licence. However, a second Public Inquiry in three years was not good enough.