A company that operated a lorry with a tachograph unit that had not been downloaded for more than seven years and which raised serious concerns about its compliance has escaped with a month-long curtailment.
The case of Concept Scaffolding Services prompted the senior traffic commissioner Richard Turfitt to warn all operators to read guidance about licence obligations and find out what is required before applying for a licence.
The firm held a restricted licence for two HGVs running out of a base near Northampton but a roadside traffic examiner stop revealed multiple infractions by the operator.
The driver and company director, Karl Takkou, had failed to insert his digital tacho card and he admitted to the DVSA officer he had left it in another vehicle, despite knowing the requirement to use it.
The lorry also lacked an O-licence disc and the vehicle unit had not been downloaded for over seven years. No driver card had been inserted for 28 days.
A site visit the following month was marked by the agency as unsatisfactory, with deficiencies identified in its compliance systems.
The DVSA found that directors Takkou and Andrew Erskine had not equipped themselves with the knowledge required to manage an effective transport operation.
Concept Scaffolding had engaged a transport consultant, but serious concerns still remained.
Turfitt said it was accepted that the case fell into the serious category and that vehicles had not been specified for years; vehicles had been driven without a driver card inserted and that vehicle units and driver cards had not been downloaded, again for considerable periods.
But the company’s solicitor also pointed out the positives: only one vehicle had been operated from grant of the licence; there was no use of an unauthorised operating centre; no use of vehicles in excess of authorisation; Takkou had attended training, prompt action was taken and a consultant engaged, there was no previous regulatory history and it was a low risk operator.
The STC said some of the factors were basic requirements of the operator licence, but he added he could draw back from permanent intervention:
“The fitness of this operator has been severely tarnished by their failures,” he added.
“Applicants should read the published guidance and work out what is required before even attempting to complete the application form.”
