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TC in Asda case says vetting of agency drivers is 'critical'
Page 12
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Supermarket chain Asda has appeared before the Scottish TC following problems with some of its agency drivers. Mike Jewell reports.
SCOTTISH TRAFFIC Commissioner Joan Aitken has warned operators to vet agency drivers, "otherwise there is a real risk of non-compliance and tragedy-.
She was speaking after a public inquiry hearing into Asda's Scottish operation. The company, of Abbots Road. Falkirk, and three agency drivers, had been called before the TC at an Edinburgh disciplinary inquiry.
The TC said agency practices varied and declarations signed by agency drivers could not be relied upon to ensure compliance with the law. In this caseshe pointed out,the agency drivers concerned had not been straightforward about their previous work.
Aitken recognised that driver agencies were a -vital and very necessary tool" and she expressed the hope that they would work to high standards and ensure that their drivers were made aware of their responsibilities. The investigation into Asda was sparked by anonymous tip-offs in May 2004. Examination showed that tachograph records and time sheets did not match, and one driver was found to be breaking the daily rest rules.
A series of accidents later that year prompted further checks.
In November 2004 a semi-trailer broke away from an artic driven by agency driver John Murrie. Investigations showed that Murrie had a full-time job and was also carrying out work for a number of hauliers.
He had committed a number of drivers' hours offences, though none of these occurred while he was driving for Asda.
In December 2004 an artic driven by agency driver David O'Neill clipped the central reservation harrier on the Mn. It was subsequently found that he had committed a number of drivers' hours offences.
Traffic examiner John Angus told the inquiry that he had looked al analysis sheets produced by the FreightTransport Association and it was obvious that some tachograph records were missing. Asda drivers had not been recording their full duty time on the tachograph records and in some cases they had reduced their daily rest more than three times a week.
The investigation had also shown considerable problems with agency drivers' hours and Asda did not have a system in place to reduce the incidence of agency drivers who were working for more than one operator breaking the drivers' hours rules. In addition there was no comprehensivc system for retrieving tachograph charts at the time.
The TC said that although Asch had put remedial measures ir place, this was because action b3 Vosa had forced its hand.
Arguing that there was nc necessity to take action against tilt company's licenec,R Craig Conna; QC said that Asda's position hac "clearly improved dramatically' since 2004 and the firm was now ahead of the game.
Aitken agreed that the remedia' action Asda had already taken wal sufficient to avoid punitive action but to reflect the seriousness ol her concerns she ruled out an expansion of its licence authorisation for four months.
Asda in Scotland currently holck a licence for 149 vehicles and 221 trailers, with 148 vehicles and 172 trailers in possession, based al Falkirk and Grangemouth.