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Judge dismisses haulage disqualifications

  • 08 April 2014
  • By Roger Brown

Upper tribunal judge Mark Hinchliffe has set aside disqualification orders for a husband and wife haulage partnership, describing the original decision as “disproportionate”.

In a decision following an appeal hearing in London in March, he set aside the September 2013 ruling made by James Astle, deputy traffic commissioner (TC) for Wales, when he disqualified Leslie and Lynne Bettley for two years, and disqualified Leslie Bettley from acting as a transport manager for two years.

In October 2012, Vosa analysed 48 tachograph record sheets from July to September 2012 in Leslie Bettley’s name, and found that 43km were unaccounted for.

In November 2012 a traffic examiner met with the Bettleys at their home. Leslie Bettley pointed to two further tachograph charts from August 2012, which were on the mantelpiece. The driver’s name had not been entered in the centre field and Leslie said to his wife that she’d forgotten to write her name on the charts.

Lynne Bettley wrote her name on both charts in the front of the traffic examiner, who then asserted that by doing so, a daily rest offence by her husband had been concealed. The deputy TC decided the disqualifications were necessary because of the serious nature of the breaches.

However, Judge Hinchliffe said there had been no relevant adverse regulatory history from the couple, despite many years in the industry.

He added: “The two-year disqualification is so disproportionate as to be plainly wrong on the facts.”


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