The owner of a haulage company has been disqualified from having an O-licence for 18 months after being found guilty of a number of Driver CPC breaches.
Sole trader, David Duggan, who trades as Duggans Transport, was investigated by the DVSA when they became aware that a drivers’ card in the name of Darren Goodall had been used regularly by Duggan’s drivers to hide their drivers’ hours offences. No individual of that name was employed at Duggans Transport and the card had been reported as stolen in March 2015.
When questioned about the use of the driver card, Duggan stated to DVSA examiners that he had found the card in a lay-by in 2014. He claimed he was the only person who had used to card to conceal his drivers’ hours but further investigation showed that his brother, Stephen Duggan, had also used the card.
During analysis of the vehicle unit data, driver card data and timesheets from August 2015, it showed that Duggan’s grandson, Daniel Duggan, had committed drivers’ hours and records offences. At the time of the analysis he only held a provisional HGV licence, and was accompanied by his grandfather when driving. David Duggan admitted to instructing his grandson to drive, knowing he had not taken a sufficient rest. He also omitted that not all drivers’ card data had been downloaded, and he had failed to take copies of drivers’ licences or any proof that they had completed Driver CPC Periodic Training.
Until recently, Duggan did not possess the equipment required to download data and was not familiar with working time regulations. When investigated by DVSA examiners, Duggan informed them that he had failed to record other work, including the undertaking of trailer maintenance and making collections and deliveries. The DVSA also discovered that the premises used by Duggans Transport were unsuitable for its O-licence, which was authorised only for four vehicles and ten trailers, and could not prove its financial stability.
West Midlands Traffic Commissioner (TC), Nick Jones, noted that while there appeared to be no maintenance issues, the operator’s lack of knowledge and control on his operations “demonstrates ignorance as to the minimum requires for a safe compliant business.”
Following an in-depth investigation, David Duggan was disqualified from driving HGVs for three months. Paul Duggan was disqualified from vocational driving for two months and Daniel Duggan was disqualified from driving HGVs for six months. David Duggan has also been disqualified from holding a transport manager position until he passes new CPC examinations.
Source: Commercial Motor (www.commercialmotor.com), 18-month ban for operator that allowed drivers’ hours breaches to take place, 13th December 2016. Read the full article.