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'Stupid and foolish' tachograph fiddler is disqualified for a year

7th September 2006
Page 33
Page 33, 7th September 2006 — 'Stupid and foolish' tachograph fiddler is disqualified for a year
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An operator has lost his licence after claiming that a mystery man fitted an illegal chart switch free of charge on Holywood Docks. Mike Jewell reports.

AN OPERATOR WHOSE dashboard was fitted with a device to fiddle tachograph readings has had his licence revoked and has been disqualified from holding or obtaining an 0-licence for a year in any traffic area.

Graeme Smith, trading as Graeme Smith Transport of Arnside. Cumbria, held a licence for three vehicles and three trailers.

He claimed the device had been fitted on Holywood Docks by an unnamed Irish man while he was taking a break but this was disputed byVosa.

Smith had been called to an inquiry before North-Western Deputy Traffic Commissioner Patrick M ulvenna, who was also considering the repute of Smith's previous nominated transport manager, Ivan Gibson.

Traffic examiner Geoffrey Whitley said that in May, Smith's vehicle was stopped in a check at Dalar Hir and he was asked by the police to examine the tachograph records. He suspected the records were inaccurate.

When Whitley told Smith he planned to dismantle the dashboard and make a detailed examination of the tachograph installation. Smith pointed to a small compartment and told him the switch was inside.

Smith said that "in a moment of madness" he had accepted an offer from an Irishman to install the switch free of charge. even for the materials. He added that he had been "stupid and foolish". He had had no need to do it and had not made any financial gain from the device.

Asked how long the device had been in use, he said it had probably been fitted in August or September of last year. The man who fitted it had asked Smith why he should wait when he could fit a device that solved all his problems with breaks. Smith denied that devices had been fitted to his other two vehicles and maintained the device was rarely used.

Device fitted in Deeside Whitley said there was evidence that the device was fitted last June on Deeside and not at Holyhead. Substantial distances were unrecorded and the device had been regularly used week by week.There had been commercial gain in that it had enabled Smith to drive for longer.

Revoking the licence and disqualifying Smith, the Deputy TC said Smith had deliberately and for a sustained period systematically tampered with his tachograph. Smith had misled the traffic examiner at the time and had attempted to mislead him during the hearing.

Gibson worked full-time as a transport manager for an operator in West Yorkshire. The evidence was that he was unaware of the problem but his ignorance had allowed it to happen. Consequently, he was directing Vosa to carry out a full investigation into Gibson's employer to see if he was carrying out hisduties as transport manager of that firm properly •