HGV as Personal Transport Lands Operator at Traffic Commissioner’s Public Inquiry

Harry Bowyer appeared at Public Inquiry in this matter which involved an Operator with one truck who was also his own Transport Manager and Driver. He began using his tractor unit to travel from his operating centre to his mother’s address and parking at a nearby industrial estate. These journeys were completed with no card in the tachograph. He was prosecuted in the Magistrates Court for 7 counts but only two were proceeded with as the prosecution mischarged the offences and were time barred from preferring the correct charges (Sometimes defence lawyers earn their keep!).

The Deputy Traffic Commissioner was, unsurprisingly, very interested in the failure to use the tachograph card and the unauthorised use of the industrial estate as an operating centre.

The Operator was very young, 23, and candid with the DVSA and the Deputy Traffic Commissioner. Owing to this candour and the obvious efforts to run a compliant operation since he was able to retain his repute as Operator and Transport Manager and keep his licence subject to a short suspension.