A fruit and veg wholesaler has had itscompany’s vehicle licence restricted for four months for bad behaviour.
T R Caledonian Fresh Produce Ltd, which is based at Glasgow Fruit Market,will be limited to running three vehicles from 20 May 2016 following apublic inquiry in Edinburgh.
Joan Aitken, Scotland’s traffic commissioner, said she was “seriously unimpressed”by the company’s behaviour after it had previously been warned about driveroffences in 2012.
The company used the nature of its business as part of its defence.
At the latest hearing, held in March this year, investigators from theDriver and Vehicle Standards Agency (DVSA) reported that drivers workingfor the company had committed a number of offences, relating to the breaksand rest they are legally required to take.
Subsequent investigations revealed that the company was not undertaking anyanalysis of infringements committed by drivers or keeping a record of anywarnings that had been issued for offences.
Aitken also heard that following a visit by DVSA, Police stopped oneof the firm’s vehicles in November 2015. A DVSA examiner identified thatthe driver, the firm's director Ramzan Hussain, had committed 12 offences,including for insufficient daily rest, exceeding 10 hours' driving andfailing to take a break.
In evidence to the traffic commissioner, Hussain said there had beendifficulties with journeys to Heathrow to collect fruit and vegetables. Headded that he would get held up by customers and sometimes had towait many hours to load. He told the traffic commissioner that theoperator’s licence was very important to the business as they could not doanything without it.
In a written decision issued after the hearing, Aitken concluded thatthe licence should have given more priority by director Ramzan Hussain.
She said: “Given that the operator’s licence is so very critical to this business,the husbanding of it should have received more care and attention frompersons aware of operator licensing obligations, i.e. director Mr Hussain,the person most responsible for directing this.
“What was happening was that the runs to Heathrow had become difficult tomanage and Mr Hussain was managing them by interrupting rest. Theimpression I formed of Mr Hussain was that he was not prepared to beconstrained by the rules.
“Compliance is an inconvenience for lots of operators and their drivers butbalanced against road deaths and injuries from driver fatigue, the balancefavours the rules.”
Aitken also suspended the professional driving licence of RamzanHussain for eight weeks, with effect from 23:59 on 20 May 2016.
Another driver, Rabnawaz Hussain, had his professional driving licenceentitlement suspended for four weeks from the same date.