Formal Warning at Traffic Commissioner’s Public Inquiry for Lack of Drivers Hours Analysis and Driving Outwith Licence Categories

This operator, represented by Barrister Helen Newbold, was called into public inquiry following a vehicle stop where a driver was found not to hold the correct driving licence categories to drive his vehicle and trailer combination; further there were no lights, brakes or indicators working on the trailer.

A follow up DVSA investigation found that none of the in-scope vehicles had tachograph units and drivers who were operating those not in scope  were not keeping any records to demonstrate compliance with the working time directive.

Helen Newbold was able to demonstrate that the operator had reacted immediately following the vehicle stop to rectify failings and to identify any further areas of non-compliance. Evidence was produced to satisfy the Traffic Commissioner that this was an operator who had realised his earlier mistakes and lack of knowledge and now had a proactive approach to his operator compliance regime.  As such the traffic commissioner handed down a formal warning but also then granted an application for an increase of vehicle numbers.