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Speed and hours offences end operator's repute and licence
Page 37
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Operator loses his 0-licence and is also penalised for offences committed while he was a driver.
A TIPTREE-BASED operator has had its operator's licence revoked for a string of offences including speeding, drivers' hours and the falsification of tachograph records. One of the partners in the firm has also had his FIGV driving licence suspended for offences that were committed while he was working for a previous employer.
Eastern Traffic Commissioner Geoffrey Simms revoked the 0-licence held by Michael and Janet Tinworth, trading as M Tin worth Haulage. He also disqualified Michael Tinworth from holding an 0-licence for 12 months and suspended his HGV driving licence for two months, Moving from road to rail PC Harry Sexton, of Essex Police, told the inquiry that in June 2002 he had investigated an incident when a vehicle belonging to AS Farm Services, for whom Tinworth drove at the time, had crashed onto a railway line at Lawford. The company's directors were sub sequently prosecuted over the falsification of tachograph records. Tinworth gave evidence for the prosecution.
In 2004 PC Sexton investigated Tinworth's own operation and found five occasions when he had interrupted his daily rest.
Traffic examiner Ernest Watson said that following a complaint aboutTinworth's vehicle speeding he had examined a number of tachograph charts for the months ofJuly.August and September 2004.
Speeds were regularly shown in excess of 90kinih: there was one instance of insufficient daily rest; and five examples of unrecorded distance, ranging from 16-82km.
Tinworth said that when he worked as a driver for AS Farm Services he had made journeys to France and Belgium with his tractor unit to buy cheap diesel ,alcohol and tobacco.
When that took him over his hours he replaced his tachograph chart with a blank, handing both in back at base where another name was inserted on the blank charts.
Labouring on the seventh day On one occasion he claimed he had mistakenly worked on a seventh day.
He had interrupted his daily rest on one occasion by creeping slowly forward in a queue at the docks and on another to allow access to a factory door.
The vehicle, which was found to have an ineffective speed limiter, also had a faulty tachograph which had since been replaced.
Appearing for the firm. Doug Sturman argued that the 2002 offences were now stale. They had occurred before Tinworth had an 0-licence and when he had been under pressure from his employers.
Holding that Tinworth had lost his repute.the TC said he had willingly participated in those sordid activities. He added that Tinworth had also failed to notify those convictions and as a result the IC had been unaware of them until October 2004.
The speed limiter had not been functioning over a considerable period and the daily rest offences were significant breaches which occurred over a relatively short period. The TC concluded that he was also concerned about the unrecorded mileage. •