· Traffic Commissioner says actions of partner Robert Starkey were “selfish”
· Licence holders disqualified for a total of four years
· Transport Manager Audrey Starkey also disqualified
The owners of a Cannock haulage firm have been disqualified from running vehicles for a total of four years by the region’s Traffic Commissioner.
Nick Jones also disqualified Robert Starkey, 59, from driving professionally after he admitted arranging for a device to be fitted to his vehicle that could conceal his driving records from authorities.
Professional HGV drivers are legally required to record their duties using tachograph devices. By law, they need to take rests and breaks during and in between periods of driving.
The West Midlands Traffic Commissioner said that the actions of Robert Starkey had been “selfish” and that he had jeopardised the safety of the travelling public.
“Any operator or driver who fits an interrupter device does so with a view to deceiving regulatory authorities as to the true position on hours driven. There are significant road safety consequences.
“In terms of seriousness, the fitting of an interrupter device must be even more serious than an isolated use of a magnet. The fact that it was the operator who as a driver had the device fitted makes this even more serious.”
The industry regulator’s decision follows a public inquiry and driver conduct hearing in Birmingham earlier this month.
The inquiry heard that Mr Starkey was stopped in Scotland by a Driver and Vehicle Standards Agency (DVSA) examiner in September 2015. During the encounter, the DVSA officer examined the tachograph recording equipment, following which Mr Starkey admitted a switch had been fitted to the device.
When used, the switch would prevent any driving being recorded on the tachograph, giving the impression the vehicle had been stationary. This would conceal any true driving undertaken by the vehicle and allow a driver to work outside of the legal regulations.
During an interview under caution, Mr Starkey said that an Irish driver had fitted the switch to the vehicle in 2014, under his instruction.
Giving evidence to the Traffic Commissioner at the inquiry, Mr Starkey claimed that he had not used the switch to conceal driving records and that he was not under any time pressure to complete work for his client, a supermarket.
However, Mr Jones concluded that he had paid for the device to be fitted with a view to using it.
He was also critical of the role of the Mr Starkey’s mother, Audrey Starkey, who was named as a partner and transport manager on the licence.
The Traffic Commissioner found that she did not know the drivers’ hours rules, had not conducted any analysis of her son’s tachograph records and had no idea when vehicles were due for routine and legally required safety inspections. She said she had trusted her son not to accept more work than he could legally carry out and believe this is what happened.
Revoking the operating licence held by Audrey Starkey and Robert Starkey, Mr Jones said:
“This operator has had a very significant competitive advantage as it has not had a competent transport manager carrying out that role, I find that the nominated transport manager [Audrey Starkey] did little more than filing records away and she failed in her responsibilities.
“My decision to revoke the licence is a relatively easy one, indeed any decision other than revocation in this case would result in justified outrage from the compliant industry that suffers from unfair competition as a result of cheats such as this operator.”
The licence revocation takes effect on 01 September 2016.
Robert Starkey will be disqualified from obtaining or holding an operator’s licence for 36 months after the date of revocation.
Audrey Starkey will be disqualified from obtaining or holding an operator’s licence for 12 months after the date of revocation.
Audrey Starkey is disqualified from acting as a transport manager until she has passed fresh CPC examinations.
Robert Starkey will be disqualified from professional driving for 24 months from 01 September.
