north surrey haulage:
I’m surprised you only have to write in
When I had a ban I had to go and meet the TC in London (since moved to Eastbourne) and it is down to his/her opinion as to whether you are a fit person to hold the licence.
But I haven’t had a ban. I had a £400 fine and no points. I am now renewing my licence after a medical and of course you have to tell Swansea about any convictions which they obviously pass on to the TC. Seems an odd way of them finding out - why don’t they try the cases instead of the magistrates.
What still annoys me is that I have been stopped several times by Vosa and they never mentioned anythng about me leaving charts in overnight - I didn’t realise it was an offence (which i know is not an excuse). On even joked that I was working too hard. Needless to say I haven’t done it since.
Thanks for all the replies. Didn’t mean to start a spat. I did get zebedeed when I posted the orignal story last year. Also, didn’t know that double you tee eff was banned, I alsways thought it stood for what the flip.
Anyway, I have just had a thought which is unusual for me. If I am in danger of losing my licence and have been asked to provide a statement as to why I should keep my licence, shouldn’t I be cautioned first, and informed of the right to legal assistance. And that anything I say not under caution is not admissable in any hearing against me. Also, if I lose my licence for an offence for which the magistrates saw fit to only fine me £400 and no points, isn’t that double jeapardy, which is illegal under the human rights act and common law.
I am going to tell the truth, mainly because I am a terrible liar but also because it is better than anything I could come up with. I was driving a tipper and lots of the driving was on site - I didn’t keep a record of what was driving and what was other work and so couldn’t argue that I was on site or on road - so pleaded guilty.
Since then I keep a written log of everything I do, as I do it - of course, since then I haven’t been pulled.
davecsm:
What still annoys me is that I have been stopped several times by Vosa and they never mentioned anythng about me leaving charts in overnight - I didn’t realise it was an offence
It’s not an offence to leave the chart in overnight which is why VOSA wouldn’t have mentioned it when you were stopped on other occasions. The improper use of the tacho offence you were done with was leaving it on other work all night, not for leaving the disc in all night.
davecsm:
Anyway, I have just had a thought which is unusual for me. If I am in danger of losing my licence and have been asked to provide a statement as to why I should keep my licence, shouldn’t I be cautioned first, and informed of the right to legal assistance. And that anything I say not under caution is not admissable in any hearing against me. Also, if I lose my licence for an offence for which the magistrates saw fit to only fine me £400 and no points, isn’t that double jeapardy, which is illegal under the human rights act and common law.
Unfortunatly you are not you are not appealing to a court of law and you have already lost your licence and not actually in danger of losing it
As you are applying to renew your licence which is a vocational licence not an ordinary licence you are automatically entitled to hold it.
Because you have received a conviction it is just an automatic response from the TC’s for them to determine if you are a fit person to hold it.
From what I can gather as long as you are truthful and show a bit of respect I dont think you will have any trouble getting it back.
Wheel Nut:
The same thing happens up here, NSH.
I had to visit Harehills House for a retired colonel to read me the riot act and he gave me an extra 3 month ban, after been convicted by a magistrates court.
I think the 3 month extra ban is standard procedure as that is what happened to me & sombody else I know
Coffeeholic:
The improper use of the tacho offence you were done with was leaving it on other work all night, not for leaving the disc in all night.
Also if you make the mistake of leaving a chart in overnight in other work mode, or make any other mistakes or time overuns, make a note on the reverse of the chart acknowleging the ‘‘mistake’’ and the reasons for and then sign it.
Coffeeholic:
The improper use of the tacho offence you were done with was leaving it on other work all night, not for leaving the disc in all night.
Also if you make the mistake of leaving a chart in overnight in other work mode, or make any other mistakes or time overuns, make a note on the reverse of the chart acknowleging the ‘‘mistake’’ and the reasons for and then sign it.
Thanks Manwell, that is exactly what I do NOW. I suppose that after five years driving I got complacent and thought that as I don’t deliberately set out to break the law or go over my hours that I would be ok. Now I record everything as you say.
The owner of the last firm I worked for was fanatical about maintaining proper records and keeping to the law. I have seen other drivers from this firm parked five minutes down the road because they had run out of time and he goes and collects them.
davecsm:
The owner of the last firm I worked for was fanatical about maintaining proper records and keeping to the law. I have seen other drivers from this firm parked five minutes down the road because they had run out of time and he goes and collects them.
If the boss comes down to you in his car and you drive the car back to the yard, leaving him to drive the truck. You are still driving over your hours, and the boss is aiding and abetting.
The only way that one works is if you drive the car straight home, or someone else is in the car to drive you back to the yard (asuming that a boss wouldn’t leave one of his trucks parked at the side of the road, 5 mins away from the yard).
davecsm:
The owner of the last firm I worked for was fanatical about maintaining proper records and keeping to the law. I have seen other drivers from this firm parked five minutes down the road because they had run out of time and he goes and collects them.
If the boss comes down to you in his car and you drive the car back to the yard, leaving him to drive the truck. You are still driving over your hours, and the boss is aiding and abetting.
The only way that one works is if you drive the car straight home, or someone else is in the car to drive you back to the yard (asuming that a boss wouldn’t leave one of his trucks parked at the side of the road, 5 mins away from the yard).
I don’t think he would let anyone drive his car - should have said him and his brother come out - brother drives lorry, boss takes driver back.
Ragtop:
Surely if the matter was dealt with back whenever, it’s got nothing to do with now…
For christ’s sake, a murderer in the docks if given the privalige of not revealing past offences… !!!
Luv
Chrisie…
Thanks for that.
Well it will come as no surprise that I agree with you - I put my hands up, admitted my crime and paid the fine. NOw this happens and it really is getting me down because its keeping me off the road, in effect I am serving a ban without end until the DVLA and the TC get their act together.
What I should do is go to the doctor and throw a wobbly so I can get on some form of disability benefit but I guess I am not that type and until I get my licence back I’ll have to continue doing a mop and bucket job for £5.25 an hour.
In case anybody is interested I thought I would update you on the latest developments.
22 October - received letter posted above
23 October - email reply
2 November - have received no reply so phone up and speak to writer of original letter - “I am sorry, I haven’t read your email, I haven’t been feeling very well. I’ll read it and phone you tomorrow or Thursday.”
11 November - no phone call so email saying can you please come to some sort of decision cos by now I am not feeling very well.
12 November - received email saying I am being warned about future behaviour and my details are on record in case I am naughty again.
13 November - copy of email received by post
19 November - phone Dvla to find out where licence is. Told its in the post
20 November - I receive licence, I am a driver again. Several minutes of shouting yes, yippee and dancing round the flat.
Ok, I’ve learned my lesson, never again will I speed, go over hours, or tell traffic coppers that they are muppets, its been four months of hell but at least I can start looking for a new job on Monday.
