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PI scuppered by old evidence
Page 33
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A PUBLIC INQUIRY into a Merseyside haulier must start from scratch because of lengthy delays in bringing the original investigation before the Deputy Traffic Commissioner had rendered the evidence unsafe.
Keith and Graham Whittaker. trading as R Whittaker & Sons. of Newton le Willows, had been called before the North Western Deputy 71.affic Commissioner Mark I linchliffe because of concern over vehicle maintenance and breaches of the driver' hours and tachograph rules.
For the firm, Gary Hodgson said the fleet inspection carried out by the Vehicle and Operator Services Agency (VOSA) was as long ago as November 2002 and the tachograph investigation had involved the analysis of charts for the months of August. September and October 2002. drivers' hours' offences had been produced. but they had not seen the analysis sheets and as a result he did not have the information to check whether the analysis was correct.
The matters were now very old and since then training and audits by outside consultants had been carried out in relation to maintenance and the drivers' hours and tachograph rules.
Hodgson maintained there would be an element of prejudice because of the length of time it had taken to call the firm to Public inquiry.
Adjourning the proceedings until a future date could be arranged, the DTC said he wanted a further maintenance investigation to be carried out and a breakdown of the hours and tachograph offences by type and number.
He also required more up-to-date financial information. The DTC accepted that no single factor had caused the delay in bringing the Public Inquiry, but a number of small delays in gathering evidence had accumulated.