Park Logisitics - Creating Supply Chain Solutions

Park Logistics - Creating supply Chain Solutions

Creating Supply Chain Solutions
Warehousing - Distribution - Fulfilment - Co-Pack

Phone: 0115 940 3332

Email :

TC warns firms that neglect legal duties

  • 18 February 2014
  • By Roger Brown

The Traffic commissioner for London and the South East, Nick Denton (pictured), has issued a warning to restricted O-licence holders who neglect their legal duties when using vehicles fitted with digital tachographs.

The warning came after he suspended Wallington, Surrey-based Park Lane Scaffolding for 21 days because of serious and prolonged drivers’ hours shortcomings. His decision followed a January public inquiry in Eastbourne.

DVSA – formerly Vosa and the DSA – examiners reported the business and its drivers for failing to have a company tachograph card and digital download equipment several months after obtaining a vehicle with a digital tacho.

One driver at the business worked for 12 consecutive days before taking a weekly rest, while another was allowed to use a digital tachograph vehicle without a digital tachograph card.
TC Denton concluded the firm was not undertaking any analysis of analogue charts because several obvious offences had been missed.

The company had previously appeared at a PI in July 2012 for shortcomings that included drivers’ hours oversight. On that occasion its licence was suspended for two days. Following the latest PI, the TC suspended the firm’s O-licence for three weeks from 1 February, and recorded four undertakings on the licence, including that a CPC-qualified transport manager must be appointed to advise on, and help ensure, compliance.

TC Denton said he had recently seen several cases at public inquiry of restricted O-licence holders running digital tachograph vehicles with no idea how to use them. “It is simply not acceptable for operators to purchase vehicles fitted with digital tachographs and then run them without bothering to find out what the legal requirements relating to digital tachographs are,” he said.

“The legal requirements are not a state secret – they are clearly set out on the government website, and trade bodies such as the RHA and FTA, as well as the trade press, are constantly issuing advice.

“Too many operators seem to be content to get their advice on digital tachographs from a bloke down the pub, rather than DVSA or a trade body. Unsurprisingly, that advice turns out all too often to be completely wrong.”

The TC said he found it astonishing that licence holders were appearing at PI having been reported for, among other things, failing to acquire a company tachograph card or any download software.

“How can an operator seek to prove they are complying with the regulations – and crucially check whether their drivers are working within the drivers’ hours rules – if they can’t download driver or vehicle data?” he said. “Restricted operators need to be alert to these requirements and the potential impact on their licence of failing to meet them.”


Article source: