Driver maliciously reported Traffic Examiner to Police and operator was abusive; both punished
Traffic Commissioner (TC) for Wales Nick Jones has reminded operators and drivers of the need to respect and co-operate with enforcement staff after a DVSA Traffic Examiner (TE) was subject to a Police investigation into unfounded allegations following a roadside check.
HGV driver Paul Green could not provide the TE with his digital tachograph card.
When stopped and after being informed of the likelihood of a fixed penalty being issued, he became abusive and later reported the TE to the Police for attempting to pervert the course of justice.
The complaint was unfounded and no action was taken against the TE.
Mr Green and his employer, A1 Scaffolding (Shropshire) were called to a conjoined Driver Conduct Hearing and Public Inquiry respectively after the roadside check was abandoned.
In his findings, Mr Jones criticised Mr Green and A1 Scaffolding (Shropshire) Director Alexanda Bailey, who also became abusive when called by the TE.
In a written decision, the TC concluded that the “appalling behaviour” of the Mr Green was condoned by his “irresponsible” employer.
“It is clear that the operator condoned and encouraged the behaviour of its driver. Moreover, it was the culture of non-compliance and attitude to authority set by the operator that contributed to Mr Green’s demeanour,” adds Mr Jones.
The driver’s professional driving licence will be suspended for two months from 1 June. The operator’s O-Licence will be cut from five to two vehicles for three months from the same date. The operator’s fitness to hold an O-Licence was found to be “severely tarnished.”
“Operators and drivers should know that full co-operation must be provided to DVSA officials when they are conducting their business,” adds Mr Jones, who says that when operators have a genuine concern with regard to enforcement activities, they should pursue it through the appropriate DVSA channels.
