News

A tachograph fiddler employed by Huntly-based J C Innes & Sons has lost his appeal against the decision of the Scottish Deputy Traffic Commissioner, Richard McFarlane, to revoke his LGV driving licence and disqualify him from holding such a licence for 12 months.  The DTC had revoked the licence for 18 vehicles and 25 trailers held by the firm, and disqualified its proprietor, James Innes, from holding or obtaining an O-licence for a period of five years.

In addition he revoked  the LGV driving licences of the five drivers concerned in the falsification of tachograph records, banning four of them from holding such a licence for 12 months and the fifth for two years. Driver Mark McCornick, of Dunfermline, appealed to Dunfermline Sheriff's Court against the decision in his case.

For McCornick, it was argued that the DTC could have looked at each of the drivers on an individual basis and not group them together. He faced two instances of falsification and had no previous appearances before a TC. The TCs' Guidelines stated that it was likely that a TC would apply a sliding scale of one month's suspension per offence for up to three false records. Six or more false records would be likely to result in revocation and disqualification for 12 months.

Dismissing the appeal, Sheriff Ian Dunbar said that McCornick's personal circumstances were irrelevant. He did not think the DTC could be criticised for dealing with the drivers together given the nature of  the complaints, the falsification of tachograph records and the wall of silence when it came to explanation. The decision to disqualify for 12 months could not be said to be capricious or arbitrary. It might be rather higher than the guidelines but it could not be said to be so high as to be unreasonable. Sheriff Dunbar directed that McCornick pay the costs of the appeal.

Guidelines no not lay down the law

The TCs' guidelines for dealing with tachograph falsification allow TCs to retain a discretion over what decision to make.