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Seven subcontractors used by Hayton Coulthard have appeared before Scottish Traffic Commissioner Michael Betts following convictions for falsifying tachograph records. The five-day disciplinary inquiry was also considering action against drivers employed by the subcontractors and Hayton Coulthard itself for similar offences.
The 30 drivers and ownerdrivers had been fined a total of £26,350 in a series of court cases.
Senior traffic examiner Gordon Turnbull said the prosecutions were part of a joint Investigation by the Vehicle Inspectorate, Dumfries and Galloway Police and Cumbria Police. Operation Oulton was launched to investigate allegations made during the trial of Kirkpatrick Fleming-based haulier Kenny Williamson. His legal representative had told Kendal magistrates that work given to subcontractors by Hayton Coulthard could not possibly be done legally. Turnbull told the inquiry that seven drivers working for Martin Jolly Transport of Newton Stewart, including the managing director's son Lee, had committed 37 offences of tachograph falsification.
The TC replied that this was clearly a very serious case as there was also a page of previous convictions, all but two of which involved hours and tachograph offences. They included a previous conviction for falsification against Lee Jolly.
Roger Colledge, for the company, said the drivers took loading instructions from Hayton Coulthard, Martin Jolly had been unaware of the practice of tipping and collecting loads without a chart in the tachograph.
After the TO commented that 37 offences in one month with five or six vehicles was a -stupendous level of falsification", Martin Jolly said a lot of that was "tipping off the
card". There was no way he could have investigated the situation because his company, which holds a licence for 22 vehicles and trailers, did not have the VI's resources. Jolly added that the VI did not normally check tachograph records in such great depth.
The TC replied that Hayton Coulthard had been accused of putting pressure on drivers and subcontractors—the big question was why it had been necessary for the drivers to commit all these offences.
He recalled that three days before the inquiry, at the end of the drivers' hearings, Jolly had remarked that the drivers were under enormous pressure and that it was very difficult for them, living in a small community. The TC asked Jolly what he had meant by this.
Jolly replied that the drivers had felt uncomfortable because an employee of Hayton Coulthares had been sitting in court.
The TC reserved his decision after hearing financial evidence in private.
Douglas Malcolm, of Kirkcudbright, and Isabella Bennett, of Garlieston, were each given a warning for one offence of falsification, Ian Alexander, of Lockerbie, and two of his drivers, had each committed two offences of falsification. Michael Goldie, of Castle Douglas, had committed 10 offences of falsification, Robert Jardine, of Castle Douglas, had committed one offence of falsification. Steel! McKie, of Stranraer, had committed two offences of falsification.
The TC will announce his decision on all four of these cases in writing.