News

Nine drivers employed by Armet Logistics have failed to prevent disqualification orders against their HGV licences pending their appeals.

The nine had appealed against disqualification from holding HGV driving licences for varying periods because of the falsification of tachograph records. Magistrates refused to delay the disqualifications until after their appeals have been heard.

Twenty-seven drivers had been convicted of 348 offences of falsification over a six-month period, and  26 appeared before the North Western Deputy Traffic Commissioner, Tom Macartney.

The 26 had their HGV licences suspended or revoked, with disqualifications from holding such licences for periods of to five years ('Tacho fiddling Armet drivers are banned', CM 2 July).

District Judge Abelson, sitting at South Sefton Magistrates Court, was asked to 'stay' the implementation of the disqualifications because it would put the operator in difficulty pending the appeal hearings.

Refusing a stay in each case, and fixing a date for the appeal hearings in August, the District Judge concluded that he had no power to grant a stay under the legislation. He added that if he was wrong, and if he did have such a power, he was not going to interfere with the orders made by North Western Deputy Traffic Commissioner Tom Macartney.

The drivers appealing are: Paul Byrne, Dale Bottomley, and John Richardson, disqualified for two years; John Pickett, disqualified for 12 months,  Christopher Fox, disqualified for three years; George Richardson, disqualified for six months; David Sprung, disqualified for nine months; and Haydyn Wills, disqualified for 18 months.

No stay in law

The 1988 Road Traffic Act makes no provision for a stay of an order made by a TC against an HGV licence.