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TC cuts licence after firm is fined £20,000
Page 28
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Licence revocation avoided because the offences were caused by incompetence rather than intent
A COMPANY that had been fined £20,000 in the courts for drivers hours offences has had its licence authority reduced by the Traffic Commissioner.
West Midlands TC Nick Jones cut the licence held by Evesham-based AIM Logistics from 10 vehicles and 10 trailers, to eight vehicles and 10 trailers for a period of 12 weeks.
The company had been fined £40,000 by magistrates, with £3,500 costs, after admitting 52 offences, the fines being reduced to £20,000 on appeal to the Crown Court. The drivers were fined amounts that varied between £400 and £850. each being ordered to pay costs of £150.
The TC said the company's appeal was heard by a High Court judge, who reduced the sentence on the basis that the offences were caused by negligence rather than knowledge of them.
Traffic examiner Angela Watkins said a routine inspection of tachograph charts showed a quantity of mileage unaccounted for and a number of drivers' hours offences.
Analysis of 584 tachograph charts, time sheets, fuel statements and fuel and parking receipts, revealed 74 offences. including the falsification of tachograph records, committed by eight drivers. A total of 77,663 kilometres were unaccounted for in relation to 10 vehicles. It was accepted by the company its systems were inadequate, and that it appeared to accept control had slipped away due to the rate the business had grown. Director Mustafa Elmagdoub said that the company had been unable to afford professional tacho analysis until recently.
Watkins said the firm had acted swiftly to implement effective systems and were receptive to advice.
Vosa's main concern, though, was the possible offences the missing 150 to 200 tachograph charts would have shown. The company had not known what was going on and had lost control, relying too much on the drivers.
For the company, Andrew %offall said it was an entirely different business now from two years ago. All charts were being analysed by the Road Haulage Association (RHA). The drivers had been trained and a driver control manager had been employed.
Transport manager and director Ismail Elmagdoub said there was little in the CPC course about 0-licence compliance, and that, he believed, was his downfall.
There were RHA audits in addition to the company's own audits every 12 months. They had zero tolerance on drivers who committed offences, unless it was a training issue.
A test on the drivers' hours rules was now part of the induction procedure. They had come a long way over the past two years and had done everything they could possibly do. He undertook that the company would have RH.A audits every six months, with copies of the reports being sent to the Traffic Area and to have all the tachograph records independently analysed.
The TC said he accepted that it was a case of negligence and incompetence rather than deliberately committing offences on the part of the company, otherwise he would have revoked the licence. Very significant steps had been taken to put the matter right.