Compliance failings result in O-licence cut

A Rochester operator has had its licence cut from five HGVs to three for 21 days after deputy traffic commissioner (TC) John Baker found that it had breached sections of the Goods Vehicles Act. However, he did not find enough evidence to prove its driver, Daniel Dinica, was using two digital tachograph cards for himself.

Baker said it was feasible that Erry Transport driver Dinica did have another driver – Mr Badea – in the cab sharing the work, in order to give him experience of driving in London.

However, he decided to curtail the licence due to maintenance and compliance failings, and because the traffic commissioner was not notified of a change in maintenance provider.

An Eastbourne public inquiry (PI) heard how Dinica was stopped by the police. A download of the tachograph data revealed offences and occasions when the vehicle had been driven with no card inserted. There were also occasions when more than one card was used on the same day and the ‘change-over’ between them was completed in a short space of time.

However, Dinica told the PI he was helping his Romanian friend Badea and sole director Brendan Woods had agreed to the arrangement – something Woods also confirmed to the PI.

Dinica’s driving entitlement was suspended for 21 days. Due to infringements in the management of the compliance regime at the firm, its licence was curtailed and transport manager Susan Le Montagne’s repute was tarnished but retained.

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