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Absent operator awaits international decision

8th February 2007
Page 36
Page 36, 8th February 2007 — Absent operator awaits international decision
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Which of the following most accurately describes the problem?

STAFFORD-BASED Neil Harding, who failed to attend the second day of a disciplinary inquiry, must wait to see what action is to be taken against his international licence.

Harding holds a licence for five vehicles and five trailers. Trading as Harding Transport Services, he had been called before West Midland Traffic Commissioner David Dixon.

Vehicle examiner Andrew Chilton said he and a colleague had carried out a maintenance investigation after the issue of an S-marked prohibition. Harding was found to be using an unauthorised operating centre. They saw a vehicle enter the yard which was not displaying an 0-licence disc, but which did have an excise licence belonging to a car. Its test certificate had expired in May 2005.

A second vehicle entered the yard which had no 0-licence disc or excise licence on display. Again, no test certificate was in force for that vehicle.

Harding had said he had only just purchased the first vehicle and his partner had gone to tax it that morning. He maintained that the second vehicle was not his, but a check with the DVLA revealed that the registered keeper was Harding Transport Services.

A trailer was given an immediate prohibition for having four tyres worn below the legal limit. There had been seven immediate and three delayed prohibitions since 2003, and a trailer had been used with a prohibition still in force. Another trailer had been returned to a hire company without informing it that it was the subject of a prohibition.

The maintenance records were incomplete, with extended periods between inspections. Vehicles had been operated illegally and in an unroadworthy condition.Traffic examiner Howard Forrester said that an examination of the tachograph charts highlighted a number of drivers' hours offences, possible false records offences, speeding and 9,010Iun unaccounted for. He had made several attempts to speak to Harding who, he said, had personally committed a large number of offences without success.

The TC is to announce his decision in writing.


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