Restricted operation also used hired driver who was convicted of drivers’ hours offences
Houghton-le-Spring-based Philip Hay’s restricted licence has been revoked, after Deputy Traffic Commissioner (DTC) Mark Hinchliffe concluded that Mr Hay’s main occupation had been his PCV operation since being made redundant in 2002.
Mr Hay, trading as PG Trips, of Crossgate Road, Hetton-le-Hole, Houghton-le-Spring, with a two-vehicle restricted licence, had been called before the DTC at a Leeds Public Inquiry, because of concerns over finance, main occupation and the use of an unqualified driver.
The DTC said that he was concerned about the events of 30 April which led to a driver, Mr Tubby, being convicted of a series of offences after being found to not have the appropriate driving licence, tachograph card or Driver CPC qualification card, and to have driven for more than 4.5 hours without the required break.
For Mr Hay, Lewis Kerr said that it had been the Grand National weekend and Mr Hay had two trips booked. He learned at very short notice that the driver of the second vehicle was unable to go to Liverpool.
He contacted other operators in the area. He was told that Mr Tubby was available and was appropriately qualified and he acted on those assurances. Mr Hay did not check whether Mr Tubby had a D1 driving licence or a Driver CPC as it was short notice. Mr Tubby was a professional driver, but he drove other types of vehicle. No faults were found with the vehicle itself.
After Mr Hay had said that he did not believe that Mr Tubby had broken the drivers’ hours rules, the DTC pointed out that he was convicted of that on what records were available. It was a serious incident boiling down to danger on the road by a man who did not know what he was doing and was driving tired, putting 16 people at risk.
Mr Hay had a clear duty to know who was driving his minibus, whether he had the right qualifications and had the ability to operate a tachograph.
Asked about his main occupation, Mr Hay said that he worked as a labourer for a ready-mixed concrete business for up to 30 hours a week at £10 per hour. The hours worked varied massively and he was paid in cash. He did not send invoices or declare it to the tax man. He had only been there since September. Initially he had worked in engineering before being made redundant in 2002. After that he had done odd jobs for cash.
The DTC pointed out that the profit from the minibus operation had been over £15,000 in 2017 and over £16,000 in 2018. There was no evidence at all of money received from his other work, which he did not declare for tax reasons. Even if Mr Hay worked 30 hours a week for the ready-mixed concrete firm, it would still be less than his PCV earnings.
