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Haulier settles out of court
Page 8
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A Midlands haulage boss has settled out of court with a recruitment agency after he refused to pay for drivers without first having their tachographs returned.
Mike Williams says his problems began in January after he realised he was 10 tachographs adrift and was told by the consultancy he dealt with It would send disclaimers instead.
But he refused to pay until the original tachographs were returned and told the firm disclaimers were for use only in an emergency. However the agency, which Williams has not named but says is a well-known Midlands-based business, began legal proceedings.
He was advised to pay the amounts plus court costs as the law puts the responsibility of holding tachographs on the haulier and not the agency. Williams warns that other hauliers could find themselves in a similar situation.
Its right across the board; this problem isn't going away," says Williams. "It's about time VOSA started dealing with this property, it winds me up that the haulier is suffering because of agencies."
He adds that he no longer uses this agency and has agreed in writing that others must send him back tachographs.
A spokesman for the Freight Transport Association says: "We have every sympathy with an operator who finds themselves tearing their hair out through wont of trying to undertake their legal obligation. [However] if it's not subject to an agreement with the agency, you are on a hiding to nothing; there's no contractual agreement between the haulier and the agency."