KDL European has had its licence revocation for falsified tachograph records quashed by the Transport Tribunal. Kevin Lumsden, director and transport manager of the Ashford-based company, has also seen his disqualification for holding and obtaining an O-licence for two years overturned. The Tribunal directed the matter be re-heard at a further inquiry.
South Eastern and Metropolitan deputy traffic commissioner Timothy Swan made the original orders against KDL and Lumsden. He was told there had been falsification of tachograph records by drivers, including Lumsden.
The company argued that the loss of a number of ferry berths at Calais had an impact on waiting time for crossings - meaning drivers could run out of hours before shipping. Steps had been taken to rectify the situation with tachograph charts now sent out for independent analysis.
Before the Tribunal, it was argued that revocation and disqualification was a harsh decision after 12 years of running without problems. Lumsden had not encouraged drivers to falsify charts and in the following 18 months he had put the company's house in order.
The Tribunal said Swan clearly did not have the positive factors in mind. When he came to consider the repute of both KDL and Lumsden there was no reference to steps to address misdemeanours.
