Haulier who encouraged drivers' hours breaches banned by TC

The director of a Kinross, Scotland-based haulage business that fostered a culture of non-compliance has been banned from operating trucks for three years, starting next month.

Operator George McMinn, who trades as Brunthill Haulage, will have his O-licence revoked from 4 December after traffic commissioner (TC) Joan Aitken found that he encouraged drivers to breach drivers’ hours and tachograph rules by giving them the impression that loads and backloads were time-sensitive.

A DVSA investigation found that drivers used devices to interrupt tachograph recordings, used other drivers’ cards to hide their driving time, drove without a card, removed their cards while working, and took insufficient daily rest.

Following a public inquiry (PI) in Edinburgh over two days in July, the TC found that the operator did not carry out sufficient checks to ensure that drivers’ hours or tachograph rules were being adhered to in 2013 and 2014, save for downloading drivers’ digital cards.

Brunthill had operated a vehicle in excess of its authorisation for four vehicles and five trailers in 2011. In doing this, the TC said it took a “deliberate and calculated decision” to risk breaking the O-licence rules for its commercial advantage.

In her written decision last month, Aitken said non-compliance was embedded in the business’s culture.

“Mr McMinn created and fostered such a culture by express and implied behaviours, the overwhelming motivation and necessity for such being his commercial imperative to have backloads to supplement the sub-contract work moving eggs and potatoes to England with minimum downtime of drivers and vehicles.”

The TC said McMinn blamed most of the non-compliance on drivers and the transport manager.

She added: “George McMinn could not do the work he took in the times given by customers and therefore put his drivers into the unforgivable dilemma of compliance or loss of livelihood.”

Aitken found that transport manager Diana Alexander had not carried out her duties and had been transport manager in name only. She lost her repute and was disqualified with immediate effect.

Aitken said: “I despair of transport managers who allow themselves to be nominated on to O-licences and who undertake to perform the duties required of transport managers but neglect these.”

Aitken decided to:

• disqualify Albert Gannon, who made false records and used another driver’s card, from driving HGVs for three years from 13 November;
• disqualify Alexander Nicoll, who made false records, from driving HGVs for 18 months from 13 November;
• disqualify Rodney Thomson, who drove without a card, from driving HGVs for 18 months from 13 November;
• suspend Ronald Howe, who created false records, from driving HGVs for three months from 13 November;
• suspend Paul Whyte, who drove without a card, from driving HGVs for two months from 13 November;
• issue a warning to Robert O’Brien, who left his card to be used by other drivers.

• This article was published in the 26 November issue of Commercial Motor. Why not subscribe today?