TCs warn about increasing drivers’ hours offences

Public inquiries that focus on drivers’ hours problems are on the rise, with non-compliance in this area normally representing “the tip of the iceberg”, according to the traffic commissioners.

In their latest annual report, the TCs said cases in the last year included driving without using tachograph cards, altering tacho records and using another driver’s card to avoid resting.

In one hearing, West Midlands TC Miles Dorrington said it was “the worst case” he had ever presided over after the operator of J. Max Transport admitted to 20 offences of knowingly making a false record and 15 offences of failing to keep a record.

The report said non-compliance often suggested systemic issues with a company’s systems and it referred to a PI concerning Apex Distribution, where one of its drivers was found to be using two cards and avoiding rest breaks.

“Further compliance checks then uncovered that an unauthorised operating centre was being used and a breach of trust by using vehicles registered to another company which had since been dissolved,” it said.

“The operator’s licence was revoked.”

The annual report also highlighted the misunderstandings operators have about periods of grace.

“There have been numerous cases of operators failing to understand the consequences of not taking the appropriate actions following the grant of a period of grace,” the commissioners said.

In one instance, Uttlesford district council had its licence revoked leaving almost 100,000 residents lacking a waste collection service when its period of grace passed without it appointing a transport manager (CM 8 February).