The Traffic Commissioner, Nick Jones, has warned drivers, transport managers and operators they face serious regulatory action if they are found to be using magnets to evade drivers’ hours rules.
In a written decision following a public inquiry in Wales, the industry regulator said falsification of driver records is an “especially serious issue” and told operators and drivers they should expect to have their licences revoked if caught using magnets.
Drivers and transport managers will also face disqualification from the profession.
Mr Jones, who made clear that each case will be treated on its own merits, said that in certain occasions it was appropriate for a decision to be handed down as a deterrent.
“It would send entirely the wrong message to the wilful and unscrupulous driver that it will not materially affect his or her livelihood to commit offences and to use a magnet.”
At a public inquiry in Cardiff last month, Mr Jones heard how driver Philip Rees admitted using a magnet to avoid taking a rest, after he was stopped by DVSA officers on the M56 motorway in Cheshire.
Checks revealed the vehicle had been recording a rest period for the previous two hours and 22 minutes and the tachograph had recorded rest while the vehicle was driving from the M56 into the DVSA check site.
Mr Rees, who was also a director and transport manager of the Llandybie based transport firm, told the examiner that he had used the magnet because he had nowhere to park. He was heading for a layby on the A55 after making
a delivery to the Jaguar factory in Halewood.
During the hearing, the regulator addressed the responsibilities and roles that Mr Rees held in the business and the impact of his behaviour as a driver.
“I indicated than an operator and transport manager who used a magnet was a clear aggravating feature and it wasn’t a case of an unscrupulous employer putting pressure on to commit offences.
“Here the driver was the owner of the business,” he added.
Mr Jones acknowledged the driver had readily admitted the single isolated offence and did not attempt to obstruct the regulatory bodies. Mr Rees had also recognised that his actions were not acceptable.
Making an order to revoke the professional driving licence held by Mr Rees – and disqualify him from driving for 12 months – the regulator issued a stark reminder about the importance of complying with the rules.
“Falsification of driver records is always an especially serious issue.
“The drivers’ hours and records rules assist in keeping the public safe when using public roads and it is always serious when a deliberate false record is made by a vocational driver.”
Mr Jones also made an order to revoke the operator’s licence held by P D Rees & Sons Ltd and disqualify Philip Rees from holding or obtaining an operator’s licence for 18 months.
He additionally ruled that Mr Rees had lost his repute and professional competence as a transport manager until he had passed fresh transport manager examinations.
“A transport manager who uses a magnet should expect to lose his repute and professional competence,” the regulator concluded.
The operator had previously been called to public inquiry, in 2006, resulting in a licence curtailment. Philip Rees was also told on that occasion that his repute and professional competence as a transport manager had been severely tarnished.
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