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Operator retains its repute due to an exemplary record
Page 18
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A West Yorkshire haulage firm has last its Operator's licence from 14 June after nine drivers and a partner were convicted of falsifying tachograph records. But North Eastern Traffic Commissioner Tom Macartney indicated that a fresh 0-licence application would be acceptable after 15 June.
The TO had adjourned his decision against Wakefield-based K Petty & Co, which holds a licence for 10 vehicles and 14 trailers, last November.
When partner Kenneth Petty appeared before Wetherby magistrates last June he pleaded guilty to 29 tacograph offences, and 23 of permitting drivers to take insufficient daily and weekly rest. He was fined 16,000 with 11,435 costs, Eight of the firm's drivers, who also admitted tachograph and drivers' hours offences, were fined between £100 and 1900, with 1170 costs apiece.
Traffic examiner Dean Tucker said that since November he had carried out a check on three months' tachograph records. A number of further offences including making false entries had been committed by driver Steven Chariesworth who was subsequently prosecuted and fined £300 with £200 costs. But overall there had clearly been a marked improvement.
Steven Kirkbright, for the company, said that prior to this the firm had traded for 30 years with a perfect record. The falsifications had taken place over a short period and had stopped by the time the Vehicle Inspectorate started its investigation. The drivers had now had tachograph training by an outside consultancy.
Petty added that he now monitored what the drivers did each day before planning the next day, and the system was working. The TO said that it was a serious case. Drivers had worked for as many as 20 consecutive days and round the clock for 24 hours with no real rest periods. Petty had admitted turning a blind eye to what was going on and had accepted he had lost control. He said that false records normally meant revocation and disqualification.
However, compliance had been nearly perfect and he was able to treat this as a special case. The firm's repute had been tarnished and only its exemplary record since December prevented a loss of repute.
The TO suspended the HGV driving licences of the drivers concerned for various periods. He revoked Petty's HGV licence and disqualified him for four months.