News

An operator with undisclosed convictions for tachograph offences has had his licence revoked after his defence that he believed police would inform the Traffic Commissioner was rejected. Christopher Heaps, Deputy Traffic Commissioner for the South-Eastern and Metropolitan Traffic Area, revoked the international licence for two vehicles and two trailers held by Chris Chappell, trading as Chris Chappell Transport of Egham, Surrey.

A Vosa inspection revealed convictions relating to four tachograph  offences in 2007, including driving without a tachograph and making false records. Traffic examiner Mr Pearson noted that his examination of 63 tachograph charts suggested daily and weekly rest and centrefield offences although Chappell had not broken the 4 1/2-hour rule. The offences took place in spring 2007. A vehicle examiner's report also revealed excessive gaps in preventive maintenance inspections, no driver defect reporting system and MoT failures, both initially and on re-presentation for one vehicle. The vehicle examiner issued an immediate prohibition for three items.

Chappell, the sole driver of the vehicle at the time, admitted he had assumed the police would inform the TC of his convictions. He was in the habit of opening the tachograph head to check his remaining driving time and continued to do so, not realising it was illegal. Chappell said the prohibition had been lifted within seven minutes following an immediate repair and that the vehicle which had  failed its MoT had been checked on a Daf garage's rolling road equipment immediately before its test and passed. Maintenance and defect checks had since been put in place.

Heaps found "a clear failure" on Chappell's part to fulfil his undertakings with regard to drivers' hours and described the offences as "serious" and "deliberate". He therefore revoked the licence with effect from 1 March 2008 and disqualified Chappell in all Traffic Areas for six months. "Mr Chappell's failings have damaged his repute as a transport manager but I draw back from finding that he has lost his repute," the DTC said.

TCs take a dim view of operators that fail to disclose convictions from a magistrates' or crown court. Action against the licence is almost inevitable.