dozy:
remind me what job you lot do , oh yea the same one as me
Sorry dozy, I wish I was able to stay home on my keyboard trolling after school… but I have to work and I don’t drive pretend trucks like you, I wash fire extinguishers for a living … and for some reason I’m always being given a 15 on a Friday. And to top it off … other cleaners expect me to clean there ones on a Saturday after running in what a cheek. You surely can understand my frustrations right ■■
shep532:
You have been very lucky to only receive this warning letter. The original offence warranted at least a 4 week suspension.
I did originally advise you to expect further contact from the TC.
You’ll have to be very careful from now on.
Yes thanks shep , yea I’ve been very carefule for the last year and will continue too , card goes in first thing Monday and doesn’t get removed until Friday/ sat , do you know why the secatary of state gets involved , thought it would be DVsa / traffic commissioner , thanks for all your advice
Secretary of state is the traffic commissioner’s boss. I doubt very much that they’ve been informed of your misdemeanor and it’s more likely that the TC’s office is simply entitled to refer to them.
dozy:
remind me what job you lot do , oh yea the same one as me
Sorry dozy, I wish I was able to stay home on my keyboard trolling after school… but I have to work and I don’t drive pretend trucks like you, I wash fire extinguishers for a living … and for some reason I’m always being given a 15 on a Friday. And to top it off … other cleaners expect me to clean there ones on a Saturday after running in what a cheek. You surely can understand my frustrations right ■■
You’re lucky. Your boss isn’t shagging your missus on Friday.
All so wrong, get fined for a misdemeanor, it gets dealt with by a court and then on top of this the TC gets involved and takes it further What actual right have they got to issue a ‘caution’■■ Must make actually trying to earn a crust in the UK so stressful always having to worry about the TC/dvsa on your back constantly…
AndrewG:
All so wrong, get fined for a misdemeanor, it gets dealt with by a court and then on top of this the TC gets involved and takes it further What actual right have they got to issue a ‘caution’■■ Must make actually trying to earn a crust in the UK so stressful always having to worry about the TC/dvsa on your back constantly…
My only real gripe about it was where were the ones who couldn’t be bothered to answer the phone / texts ( multiple ) that day, why wernt they there in court answering questions about there conduct , or maybe the fact they said they wanted copy’s of all court paper work for damage limitation( never got them) meant they did get there asses kicked , but I doubt they paid a £700 fine and got warned about there future conduct .
Anyway it is what it is , we just have to make sure everything is 100% in future , does seem like walking on egg shells though
AndrewG:
All so wrong, get fined for a misdemeanor, it gets dealt with by a court and then on top of this the TC gets involved and takes it further What actual right have they got to issue a ‘caution’■■ Must make actually trying to earn a crust in the UK so stressful always having to worry about the TC/dvsa on your back constantly…
Unfortunately in the UK if you want a vocational licence you are subject to a strict code of conduct including ethical, moral and legal obligations.
The Traffic Commissioners publish the Vocational Driver Conduct rules for us all to see. If we don’t comply they can take action against our vocational licence. Dozy has been cautioned for his conduct. The courts penalised him for a specific offence. Two different things.
I’m afraid it’s a case of “If you don’t want to comply by the code of conduct - don’t be a vocational driver”
Under these rules, it means you can be charged twice for the same offence…which i believe isnt allowed under the penal system ( correct me if i`m wrong ) but thats how it used to be for murder, which is far more serious than a misdemeanor.
i know know what offence it was that Dozy committed ( thanks to that poster ) but something that should never have happened…removing your card, then still driving…tut tut…but i have done it many times when in the yard and having to move trucks, to get mine out. tut tut to me too.
truckyboy:
Under these rules, it means you can be charged twice for the same offence…which i believe isnt allowed under the penal system ( correct me if i`m wrong )
Hi truckyboy,
A TC doesn’t charge anybody (That’s done by Police, DVSA, HSE etc.)
A TC doesn’t not conduct any kind of trial. (That happens in a court)
A TC does not fine anybody or give penalty points. (That might be an outcome of a court case)
A TC does not send anybody to prison. (That might be an outcome of a court case)
Quite separately to the above, and when an ‘O’ licence or vocational driving licence holder is involved, a TC is entitled to examine the professional conduct of operators AND/OR drivers, usually after an offence has been committed and guilt established either by admission or a guilty verdict in a court.
A TC only gets wind of somebody’s misdemeanours under certain circumstances, but has limited powers of punishment, which usually involve suspension, revocation or curtailment of a licence of some kind.
Being called to appear in front of a TC, giving an undertaking, and receiving a TC’s warning is often all it needs for the TC to get people to see things in a certain way.
truckyboy:
Under these rules, it means you can be charged twice for the same offence…which i believe isnt allowed under the penal system ( correct me if i`m wrong ) but thats how it used to be for murder, which is far more serious than a misdemeanor.
i know know what offence it was that Dozy committed ( thanks to that poster ) but something that should never have happened…removing your card, then still driving…tut tut…but i have done it many times when in the yard and having to move trucks, to get mine out. tut tut to me too.
The TC does not take action for the same offence as the courts did. The TC takes disciplinary action regarding the conduct of a vocational driver. By being prosecuted for false records this demonstrated poor conduct falling below that expected of a vocational driver.
A TC can suspend, revoke or disqualify any vocational licence if the licence holders conduct is below the required standard.
Here is Statutory Document No 6 - it gives us guidance on what is expected and what will happen if we fall below the conduct required
truckyboy:
Under these rules, it means you can be charged twice for the same offence…which i believe isnt allowed under the penal system ( correct me if i`m wrong ) but thats how it used to be for murder, which is far more serious than a misdemeanor.
i know know what offence it was that Dozy committed ( thanks to that poster ) but something that should never have happened…removing your card, then still driving…tut tut…but i have done it many times when in the yard and having to move trucks, to get mine out. tut tut to me too.
It was mins truckboy , and as dvsa solicitor said in court , it was mins , he was just tryin to get parked up , he gained nothing finicialy ,he has nothing previous , subsequent ,he rang his company on various occasions , he texted them to tell them of the situation and he only got one reply and that was we will ring them , then they never rang him back informing him ofbthe outcome of the phone call , we’re happy with just a fine ( court clerk had earlier stated it could be upto 2 yrs inprisonment )
and all that came from the procecution solicitor ,you’d expect him to go for blood wouldn’t you but I think he just saw it for what it was , and a traffic commissioner who by issuing a caution also saw it for what it was .
But with nothing previous , no reason not to , I lost the plot ( ■■■■■■ of with no- one helping me ) and instead of writing on a printout I decided to drive without a card .
i accept my punishments but feel aggrieved there wasn’t otheres answering questions on there conduct that day , at meeting I had bosses shaking there head at what happened that day , but couldn’t be bothered to turn up to court and accept tree share of the blame , then have the cheek to ask for copy’s of the court papers for damage limitation
Any way that’s what got me in trouble getting bitter and twisted , now time too move on and get on with things , legally