Disqualified for three years

Posted by AndrewT on 24th Oct 2016

The director of a food wholesaling business that committed a number of drivers’ hours, overloading and Driver CPC offences has been disqualified from holding an Operator’s licence for three years. An investigation was prompted after a van was found to be overloaded by 78%. Evidence submitted by the DVSA at a Public Inquiry in September revealed that a HGV fitted with a digital tachograph had been used but the tachograph data was never downloaded from the vehicle unit or driver cards. HGVs were driven by drivers that were not entitled to drive them. Drivers failed to meet weekly rest requirements and did not use digital driver cards. The operator had no system in place for analysing tachograph data or identifying drivers’ hours infringements. Drivers had not completed their Driver CPC qualification. There was no driver defect reporting system in place and the company did not possess any driver defect report books. Nick Denton, the Traffic Commissioner for London and the South East, said the company’s approach to operating trucks had been “grossly irresponsible” and put the safety of other road users at risk and revoked the company’s O-licence. In his written decision, the TC said: “It is certain that the company has made no effort at all to abide by any of its undertakings or to apply any of the rules pertaining to the operation of HGVs.” Given the above failings, is the 3 year disqualification penalty right or should it have been harsher? Source Commercial Motor