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routeone > Legal > Airlynx and drivers ordered to pay £32k for hours offences
Legal

Airlynx and drivers ordered to pay £32k for hours offences

Tim Deakin
Tim Deakin
Published: April 17, 2019
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Southampton-based Airlynx Express Ltd has been fined £10,000 and ordered to pay £2,000 in costs by Southampton Magistrates Court, while 11 former drivers have been fined a total of £13,000 and £7,500 in costs, for breaking drivers’ hours rules.

A Public Inquiry into Airlynx Express, which has three registered operating centres each for 20 vehicles and is owned by Stephen and Paula Brookwell, has been adjourned from 9 July to a yet-to-be decided date.

Airlynx pleaded guilty to four offences, including a driver working for 10 consecutive days.

The company said it co-operated with the DVSA investigation, which covered June-October 2016 and 4,000 records.

In court, former Airlynx employee, Leonard Richards, claimed then-bosses had bullied staff into committing some of the offences in 2016.

Mr Richards claimed the company took away his pay and VIP coach driving privileges after he attempted to report his concerns to managers.

He later reported the firm to the DVSA, which launched an investigation.

Speaking in court, Mr Richards said: “They used bully-boy tactics to force people into doing things they knew they shouldn’t be doing.

“But when your job is at risk and you know you’ve got family to support, what do you do?”

Mr Richards said drivers would be left in a position by the company where they would have to make a decision over whether to breach rules – due to a lack of assistance.

He said: “When you’ve got a coach full of people and no way of getting assistance you just have to do what you have to do.”

He added that he and his fellow drivers were salaried, and there was no financial gain in shortening or driving through their break periods.

In a statement Airlynx rejected the allegations saying: “We are aware that as part of his mitigation, one of the prosecuted ex-drivers made allegations regarding working practices within Airlynx at the time of the investigation.

“These allegations are not accepted by Airlynx.”

Sentencing, Judge District Anthony Galloway said the company had a “casual attitude” to its legal obligations and its drivers.

The drivers sentenced are:

Michael Andrew Bishop, 43, of Winfrith Way, Nursling, pleaded guilty to driving more than 4.5 hours without minimum break of 45 minutes. Also pleaded guilty to failing to take required amount of daily rest and four counts of failing to keep a relevant record/entry. Fined £2,000 and ordered to pay costs of £1,000.

Michael Dean Blackwood, 48, of St Aubins Avenue, Southampton, pleaded guilty to one count of driving more than 4.5 hours without minimum break of 45 minutes and failing to use mode switch. Fined £800.

Stephen James Burrows, 61, of Downside Avenue, Southampton, pleaded guilty to failing to use mode switch. Also pleaded guilty to two counts of failing to take weekly rest period. Fined £1,400 and ordered to pay costs of £600.

Ivor Kenneth Evans, 63, of Filton Close, Calmore, pleaded guilty to failing to make a relevant tachograph record/entry. Fined £400 and ordered to pay costs of £400.

Robert Charles Chapman, 43, of Ash Walk, New Alresford, pleaded guilty to two counts of failing to make a relevant record/entry. Also pleaded to failing to keep a relevant record/entry. Fined £1,800 and ordered to pay court costs of £500.

Mervyn James Hedges, 60, of Sydney Road, Gosport, pleaded guilty to two counts of driving more than 4.5 hours without minimum break of 45 minutes. Also pleaded guilty to two counts of making a false record/entry, one count of failing to keep a relevant record/entry and one count of failing to use mode switch. Fined £2,400 and ordered to pay court costs of £500.

Mark Owen Maidment, 47, Commercial Road, Southampton, pleaded guilty to three counts of failing to make record/entry. Also pleaded guilty to making a false record and to driving more than 4.5 hours without minimum break of 45 minutes. Fined £2,000 and ordered to pay court costs of £400.

Shawn Thomas Peters, 44, of Ringwood Road, Christchurch, pleaded guilty to driving more than 4.5 hours without minimum break of 45 minutes. Also pleaded guilty to failing to make a record/entry. Fined £600 and ordered to pay court costs of £500.

Andrew Joseph Portelli, 48, of Norfolk Road, Southampton. Warrant issued after non-appearance in court.

Leonard Richards, 70, of Robin Way, Andover, pleaded guilty to using a false instrument. Also pleaded guilty to two counts of making a false record/entry. Fined £750 and ordered to pay court costs of £300.

Christopher Malcolm Rideout, 65, of Haileybury Garden, pleaded guilty to driving more than 4.5 hours without minimum break of 45 minutes. Also pleaded guilty to failing to keep a record/entry. Fined £850 and ordered to pay court costs of £500.

Derek Robinson, 56, of St Deny's Road, Southampton. Warrant issued after non-appearance in court.

Steven Anthony Sweed, 50, of Abercrombie Gardens, Southampton, pleaded guilty to two counts of failing to take required amount of daily rest. Also pleaded guilty to failing to keep a record/entry, two counts of driving more than 4.5 hours without minimum break of 45 minutes, one count of using a false instrument and three counts of making a false record/entry. Fined £2,000 and ordered to pay court costs of £1,000.

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ByTim Deakin
Tim is Editor of routeone and has worked in both the coach and bus and haulage industries.
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