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Operator flouts tacho and drivers' hours regs
Page 26
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Haulier had no transport manager and drivers were unable to correctly complete tachograph charts
AN OPERATOR WHOSE tachograph records were extremely difficult to analyse because his drivers did not till them in properly has had his 0-licence revoked. West Midlands-based Sukhpal Singh, trading as Deep Transport, has also been disqualified from holding an 0-licence for 12 months.
Singh, who held a licence for six vehicles and 11 trailers, was called before West Midland Deputy Traffic Commissioner Tim Hayden.
Vehicle examiner Adrian Thomas said that during the course of a maintenance investigation in October last year, he found that defects had been identified and marked as noted on inspection reports, hut had not been repaired. On occasion he found that the same defect had been identified three times. The maintenance provider had told him that their instructions were to carry out inspections only and that all repairs were to be carried out by Singh.
Singh said in evidence that the de
fects had not been present and that the contractors were simply looking for work. Thomas inspected two vehicles, issuing them both with prohibitions and defect notices. Seven prohibitions had been issued over the past 14 months, two of which had been marked 'S'.
The two prohibitions imposed in October were for a defect that had been noted on an inspection record almost a month earlier, but had not been repaired. Of seven vehicles presented for annual test since 2005, only one had achieved a first-time pass.
Traffic examiner Helen Key said that analysis of 389 tachograph charts for July to September 2007 revealed 16,391km were missing. There was a total of 55 drivers' hours offences and the charts showed starting and finishing places ) other than the authorised operating centre.
Analysis of a further 32 tachograph records for March 2008 revealed the use of unauthorised operating centres; 172 missing km; and 15 drivers' hours offences. These were the most difficult tachograph records that she had ever had to analyse because of the drivers' inability to complete the details so that they could be identified and because of the number of records missing.
Singh agreed that between April 2007 and October 2007 there was no transport manager in place. He said that the original transport manager had been convicted of fraud and sentenced to two years' imprisonment.
He had been in India in September 2007 and his wife and cousin had been operating the vehicles.
Singh said that his maintenance providers were authorised to deal with the repairs and should have done so. He had carried out tachograph record checks, hut none were done while he was out of the country. •
No regard for safety and the taw
The DTC considered that it would be difficult to find a clearer disregard both for the safety of vehicles and their lawful operation by an operator.