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Indefinite ban from running HGVs

An Enfield-based fruit and vegetable retailer was banned indefinitely from running heavy goods vehicles following a history of non-compliance.

Evidence presented convinced to Nick Denton, Traffic Commissioner for London and the South East that the retailer had acted as a front for other operators whose licences had been revoked.

The order followed a public inquiry in in July. This was the second hearing involving the retailer in 2016.  In February the Deputy Traffic Commissioner suspended the operator’s licence due to serious shortcomings, including using a vehicle without an MOT for almost nine months.

The licence was only allowed to continue under certain conditions such as using tachograph analysis software such as Smartanalysis, which had been ignored. Denton found that the retailer had failed to procure a third party to submit tachograph downloads and analyse the tachograph data to ensure compliance with tachograph regulations and drivers’ hours law.

Denton said, “He had comprehensively failed (despite many reminders) to submit the dates of suspension and to submit details of his new tachograph analysis system. Indeed, there is no evidence that the operator ever served the suspension. There is overwhelming evidence that he acted as a front for continued operations ……. I am clear that, given the history of non-compliance and that he has acted as a front to allow continued operations by an operator whose licence I had revoked, he is not a fit person to be operating HGVs and deserves to be put out of that aspect of business.”

Source – Fresh Produce Journal

Posted on: 09.08.2016

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