J O'Doherty Haulage loses suspension appeal

Skip and plant hire firm ?J O’Doherty Haulage has lost an appeal against its seven-day suspension by South East and Metropolitan traffic commissioner (TC) Nick Denton.

The TC imposed the suspension following a public inquiry (PI) on 2 March, which was told the London-based haulier had allowed numerous drivers’ hours and tachograph offences to be committed by its drivers in 2013 and 2014.

TC Denton stopped short of revoking the O-licence as some improvements had been made earlier this year.

The company allowed drivers to drive without their cards inserted, did not compare driver card data with data from vehicle units, and had not identified or prevented numerous offences of insufficient weekly rest taken.

The DVSA also discovered a driver who had driven without a Driver Qualification Card. He presented a card belonging to his brother to enforcement officers, which the company had not questioned when checking for his Driver CPC.

The TC found that transport manager James O’Doherty had lost his good repute and was disqualified for an indefinite period.

The seven-day suspension had been due to come into effect in April, but the operator was granted a stay of the decision until the appeal had been heard by the Upper Tribunal. It will now serve its suspension from ?29 August to 4 September.

Appealing the decision, ?the operator argued that suspension was disproportionate and claimed the TC failed to give any weight to its history of compliance before the issues were discovered in 2013. It also claimed the TC had not taken into account the improved results of tachograph analysis in January and February.

In his written decision, Upper Tribunal Judge Michael Brodrick said it could not ignore that action was not taken until last year, despite the company receiving a warning letter in July 2013.

The judge said other hauliers would conclude that the operator “only ran the risks involved in breaching the rules because of the financial benefit [it] was likely to receive”.

Summing up: The Upper Tribunal found that suspension showed ?non-compliance with drivers’ hours and tachograph rules will not be tolerated.

• This article appeared in the 27 August issue of Commercial Motor. Subscribe for the latest legal cases and advice.