In a recent verdict, Traffic Commissioner (TC) Miles Dorrington emphasized that any driver who removes a digital tachograph card from the head unit and continues to operate an in-scope vehicle should face dismissal, except in extremely rare circumstances. This statement comes following a Public Inquiry on March 21 involving Bouden Travel and its Transport Manager (TM) Sophie Baugh.
Mr. Dorrington’s decision, outlined in a written statement, underscores the seriousness of driving an in-scope vehicle without a tachograph card inserted, equating it to a road safety critical offense. He criticizes the lack of disciplinary action taken by the operator when such offenses were discovered.
As a consequence, Bouden’s vehicle authorization was reduced, and its reputation was severely tarnished. Ms. Baugh received a first and final warning, with her reputation as a TM hanging by a thread.
Evidence provided by DVSA indicated multiple instances where coaches were driven without a tachograph card inserted. Mr. Dorrington stresses that no valid reasons were provided for these actions.
He condemns the act of removing a digital tachograph card and continuing to drive as dishonest and criminal, intended to conceal offenses related to duty time. Mr. Dorrington emphasizes that such actions constitute a serious breach of drivers’ hours and tachograph laws.
Furthermore, he criticizes the operator for not taking appropriate disciplinary action against staff involved in these offenses, stating that such misconduct should typically result in summary dismissal.
Failure to address such offenses seriously undermines the reputation of both the operator and the TM. Additionally, driving an in-scope vehicle without a tachograph card breaches general undertakings on an O-Licence.
The Public Inquiry also highlighted the use of self-employed drivers by the operator and alleged breaches related to driving and rest periods.
