“Chaotic” record keeping results in revocation

Chris Tindall
December 13, 2019

The traffic commissioner has disqualified an operator for two years after finding that he had lacked professional competence for the seven years he held his operator’s licence.

The standard national goods vehicle licence held by Edward Nelson was also revoked and the transport manager’s repute was lost following a Birmingham public inquiry.

A DVSA report handed to traffic commissioner Nicholas Denton following a roadside encounter in August 2019 revealed that Worcestershire-based Nelson was driving an HGV not specified on his licence.

Nelson had also been aggressive and had failed to provide adequate tachograph charts for the previous 28 days.

In an interview under caution, Nelson said he had not been getting any help from his former transport manager and his replacement, Brian Parker, would not have been checking for missing mileage anyway.

Parker had now also resigned and a form was submitted for a replacement transport manager: Andrew Johns.

Johns was invited to the PI, but on receipt of this letter, the nominated transport manager withdrew his application.

Nelson told the TC he was stopped on his way to his son’s birthday party and he had asked the officer whether it could wait.

He suffered from deafness, which meant he talked loudly and this could be interpreted as aggression.

He also told TC Denton that he had not handed over all the charts to the officer because he had just wanted to get to his son’s party.

Former transport manager Parker told the TC the only action he had ever carried out in the role was to remove from the O-licence the vehicle Nelson had been driving the day he was stopped. He acknowledged he should not have been a “name-only” transport manager, but did it to help out Nelson.

Summing up, the TC said Nelson’s tacho chart keeping was “clearly chaotic”:

“There was a very large amount of missing mileage which has still not been accounted for,” he said. “Either a driver drove without using a tachograph chart or Mr Nelson has simply failed to collect the necessary charts.”

Denton found the operator lacked professional competence and revoked the licence.

He said ex-transport manager Parker had enabled the operator to pass itself off as outwardly professionally competent when the truth was the opposite and as he had also lost his repute, he was disqualified for three years.

About the Author

Chris Tindall

Chris Tindall started writing for the haulage and logistics industry in 2002 and quickly realised there was enough going on to keep him busy for a very long time. He’s covered a broad range of significant issues, including GPS jamming by criminals, platooning, Brexit and the impact of the Covid-19 pandemic, the lack of safe and secure lorry parks and he helped secure the release of a lorry driver in a Polish jail due to misuse of the European Arrest Warrant.

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