HGV Driver Avoids Revocation for Fraudulent Behaviour at Driver Conduct Hearing

Martin Smith, specialist road transport solicitor, represented a vocational licence holder at a driver conduct hearing. The driver had obtained, but never used, a vocational licence prior to gaining employment in an office. Although he had not undertaken his driver CPC training and did not have a driver CPC card, his employer nevertheless asked him to drive on a number of occasions after drivers failed to attend work through illness.

The DVSA subsequently conducted an investigation into the Operator and requested, amongst other things, a number of tachograph charts for analysis. In an attempt to conceal the fact that he had driven without having undertaken the requisite driver CPC training, the driver wrote another person’s name over his own before his tachograph charts were submitted.

The Traffic Commissioner took a very dim view of this behaviour but noted that the driver had since undertaken the required training. After hearing submissions from Martin Smith on the driver’s behalf, the Traffic Commissioner imposed a shorter suspension of the driver’s vocational licence than had been expected.