Surrey-based Fuller Grab Hire has had its O-licence temporarily curtailed after a DVSA investigation uncovered tachograph infringements at the firm.
In a written decision following a public inquiry (PI) in Eastbourne in June, John Baker, South Eastern and Metropolitan deputy traffic commissioner (TC) curtailed the firm’s standard national O-licence from 10 to five vehicles for 21 consecutive days to be served by 30 September. He also suspended the restricted O-licence of related firm Smallfield Recycling for five vehicles covering the same period as the curtailment. Both companies share a sole director, Matthew Fuller.
In January an investigation by a DVSA traffic examiner into tachograph records at the business for the period between 1 September 2017 and 30 November 2017 showed 39 infringements across the two companies. The records showed that driving had taken place without the required drivers’ cards in the tachograph unit head.
Also the records did not distinguish which drivers were working for which firm. The investigation expressed concerns about the blurring of operation between the two firms, which both ran vehicles in the same ‘M Fuller’ livery.
At a separate driver conduct hearing, five drivers said the occasions when cards were not used was a result of them doing what they believed to be emergency work. Fuller told the TC some of the problems were as a result of an IT fault and the business has now purchased a new analysis tool and computer system to help with scheduling.
He said the company is in the process of making changes to create a clear distinction between the licences. Fuller accepted that in 2017 the businesses had been in a state of chaos, there had not been managers in place and growth had occurred too quickly, but did not accept claims that he had been overbearing towards staff.
Training has been arranged, a new transport manager is in place and the firm no longer takes on emergency work. Baker said: “Some of the instances discovered by the DVSA have been shown to be occasions when genuine emergency work was being undertaken and ignorance of the regulations.
"A lack of instruction/guidance to drivers, coupled with inadequate disciplinary procedures led to what happened. I believe that some drivers found this uncertainty a convenient way of working and drove for longer than they should have knowing that within the regime that was in place little or nothing would be done as a consequence.”
The deputy TC said the repute of Ormonde Parkes, transport manager at the business between January and June, was severely tarnished. He added that the repute of Nicola Daw, who had been transport manager from June to November 2017, was also tarnished.
In undertakings given by the deputy TC, Smallfield Recycling must give proof of its financial standing between July and September by the end of October. Also, both companies must undertake a further audit of their transport operations within five to seven months of the date of the PI.
In his decision the deputy TC also approved an extra operating centre for the company at Hurstridge in Horley, Surrey, for 10 vehicles.
