Court & Inquiry

News straight from the courtrooms of the haulage industry’s latest legal cases

- Michael Jewell

Gilders Transport Ltd HOURS & TACHO OFFENCES BRING EIGHT-VEHICLE CUT

Drivers’ hours and tachograph offences have led to the authorisation on the licences held by Gilders Transport Ltd being cut by eight vehicles by traffic commissioner Kevin Rooney. The commissioner also held that Shaun Gilder had lost his repute as a transport manager and disqualified him from acting as such for three years, giving the company a month’s grace to obtain a new transport manager or have its licences revoked.

The company holds international licences authorising 33 vehicles and 30 trailers in the West of England, six vehicles and six trailers in the West Midlands and three vehicles and three trailers in Wales.

The commissioner was told an investigation by traffic examiners revealed a total of 122 offences between 15 drivers, one of which was not employed by the company, but whose driver card indicated he had been driving its vehicles. These offences were predominantly falsification of tachograph records to hide daily rest and other infringements.

Seven drivers were prosecuted and convicted for a total of 61 falsifications and 17 incidents of failing to use a driver card or record sheet.

In a separate matter, the company pleaded guilty to nine offences relating to the handling of animal by-products. They were fined a total of £11,000 and ordered to pay prosecution costs of £4662.

On June 6, 2016 it was found one of the company’s vehicles was overloaded. An immediate prohibition notice was issued to prevent further use until the weight had been reduced to the correct limit.

Mark Hammond, for the company, produced the driver card for Christopher Heydon which had been used by driver Jason Treharne to falsify his records. The commissioner said it was a serious matter as DVSA had been told the card was no longer in the company’s possession.