Why didnt he run with a card in and then use it as a drink mat
not that i’d do anything like that but i was adivised to do this by a driver with a certain firm from across the water from wales
DoYouMeanMe?:
No matter how you wrap it up and try to justify it, it is one offence being dealt with twice. It may be two different authorities, but is still one offence unless you are an O licence holder. But then again, why would drivers expect anything better…
Well, there are similar schemes in some other professions - for example, if a doctor were to be prosecuted for criminal negligence - prescribing someone the wrong drugs, for example - then once the courts had dealt with him/her, the GMC would then put their oar in and strike the doctor off. Since a doctor has to be registered with the GMC to be able to work legally, that is the equivalent of the TC removing a driver’s LGV license.
Similarly for (chartered) engineers, lawyers, etc…
Coffeeholic.
Don’t assume that I was sticking up for the Guy in this case. far from it.
However, as you know, It’s damned hard to do the job now and remain legal sometimes. Sometimes you have an idea that what you are doing is legal and then afterwards, well you know what I mean.
Now having a blonde moment is a bit different to blatant ‘don’t give a toss’ attitude.
The reason I am bitter about the TC having another chance to have a go relates to a mate who was caught out by the MB tacho problem that can rob you of up to 1 minute 58 seconds during a break. His were a minute light so he was made an example of just as if he had even bothered stopping at all. Having been fined a few hundred quid, he was then told he had to surrender his HGV for a month as well.
He never bothered to collect it back and the industry lost a bloody good driver who never willingly did anything wrong.
Never mind, we’ve got plenty of Eastern Europeans with their ‘Photoshop’ licences to replace him.
what’s the east europeans got to do with it?
if your mate got done and he knew that there was a problem with a particular type of tacho, he should’ve hired a lawyer
the guy being discussed on here blatently ran with no card in, he deserves what he gets, and guessing by killer100’s reply
Yes you are correct on that one stevie.c, I told him loadsa times to stop it.
his boss deserves everything thats coming to him as well
Neck, wind, in, live up to name!
Actually, he didn’t. He was lucky enough to be one of the first to find out.
Less embarrasing if you don’t shout off until you know what you are talking about.
He did have a brief, but he couldn’t argue the case that a recording device that was sanctioned as fit for use, said he broke the law. Most found out after the first few cases brought the problem to light.
Regarding this blokes boss, I have said that he deserves what he gets, although I still find it strange that we can effectively, legally be punished twice and was answering Coffeeholics previous reply.
DoYouMeanMe?:
Coffeeholic:
After conviction, or should I say if he is convicted, there is a fair chance the TC will be relieving him of his LGV licence for a while. That could make earning the money to pay the fine a bit of a problem.Agree that he’s pushed his luck and will have to pay the result, but isn’t there a law that says you can’t be punished for the same crime twice?
You are not being punished for the crime twice, you are being relieved of a vocational licence for a period because you / they acted like a knob.
Neck, wind, in, live up to name!
eh?
The reason I am bitter about the TC having another chance to have a go relates to a mate who was caught out by the MB tacho problem that can rob you of up to 1 minute 58 seconds during a break. His were a minute light so he was made an example of just as if he had even bothered stopping at all. Having been fined a few hundred quid, he was then told he had to surrender his HGV for a month as well.
i cant see where it says anything about him being one of the first, one of the last or comfortably in the middle, maybe you can make the facts clearer when you post, if only to keep your blood pressure down.
He was lucky enough to be one of the first to find out.
forgive me for being presumptive without knowing the full facts, but do you mean unlucky?
and you still haven’t answered my question, whats it to do with the eastern europeans
He was lucky enough to be one of the first to find out.
but do you mean unlucky?
Look up Irony in the dictionary 
i cant see where it says anything about him being one of the first, one of the last or comfortably in the middle, maybe you can make the facts clearer when you post
Before I jump to the wrong conclusion 
whats it to do with the eastern europeans
Well at least the TC won’t be able to take their licences away, because when three at one agency all had the same licence number, it’s highly likely they don’t really hold one anyway.
And before you ask, no, you couldn’t check them at the DVLA either. Human rights I believe.
ps. Don’t worry all night. Blood pressure is fine 
Neck, wind, in, live up to name!
you didn’t explain this tosh, and why its anything to do with the eastern europeans
What have the romans ever done for us?
is it auomatic that the courts pass on details of driver hours offences to the tc?
i have my doubts as theres many who have been caught out for not disclossing convictions.
why didn’t the driver wind the clock back rather than run without a chart in which would surely come to light sooner or later?
As other have previously said, a Level 5 fine is basically a Maximum fine of upto £ 5000. Fines imposed will take into account the ability of the defendant to pay, whether there is previous history of the same or similar offences and whether a ‘guilty’ plea was entered at first hearing. If the driver decides to go to ‘trial’ they can expect a fine approx 30 % higher than if they had pleaded guilty.
DO NOT EVER BE TEMPTED TO WIND CLOCKS BACKWARDS OR FORWARDS to ‘hide’ an hours offence. You turn what was a simple ‘hours’ offence into a ‘False Record.’ This is a whole different ballgame, instead of Magistrates you could find yourself heading for Crown Court. Although the fine is still the same level i.e; Level 5, but there is the real possibility of a custodial sentance or at the very least Community Service.
Most Courts report HGV/PSV driver convictions direct to the appropriate TC, especially false records, hours etc. But it is the drivers responsibility to report relevent convictions.
geebee45:
Most Courts report HGV/PSV driver convictions direct to the appropriate TC, especially false records, hours etc. But it is the drivers responsibility to report relevent convictions.
is it me or is that a contradiction?
not sure many would see 2 hours plus driving with no chart in having already done the daily max as a “simple hours offence”
i wouldn’t condone resetting the clock to get home but at least it would’nt have dropped his boss in the mire, assuming he hadn’t got stopped on the way but as it seems it’s been a regular thing the whole job lot want kicking out of the game, with so many small firms packing in because they can’t make it pay legally why should setups like these get away with it?
it the likes of these that no doubt go around under cutting everyone that killed the job!