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Control drivers' hours or face jail

20th January 2005
Page 7
Page 7, 20th January 2005 — Control drivers' hours or face jail
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Which of the following most accurately describes the problem?

DRIVERS ARE not solely to blame for fatal accidents and operators should face up to the "realistic" possibility of jail if they've encouraged their staff to work illegally.

That's the warning from Northamptonshire police officer DI Andy Tennet, who led the investigation into Kent haulage firm Keymark Services.

Its director Melvyn Spree was jailed for seven years last December after he encouraged drivers to break the hours rules, leading to a fatal accident when Stephen Law fell asleep at the wheel, killing himself and two motorists (CM 9 December 2004).

DI Tennet says operators will end up in the dock if they are found to have encouraged employees to break the law or have turned a blind eye to their malpractice.

"We arc increasingly becoming a society which wants to know who is to bl arne, whether it is an individual or a company," he says. "If operators suspect their employees are breaking the law and fail to take action they are acting negligently and will be held accountable."

Tennet says checking tachographs is not enough. Operators need to double check drivers' movement against delivery sheets, electronic tag readings and entry and exit records at RDCs.

Keymark Services was placed into administration on 14 December.Accountants Mazars LLP says this was due to the imprisonment of its directors and the revocation of its 0-licence.

• See Investigation, page 28-29.