Export & Freight Nov-Dec 2019

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COURT REPORT

Overweight, Tachograph & HGV Levy Offences A Republic of Ireland haulage driver has been convicted at Omagh Magistrates’ Court and fined a total of £1,800 plus a £15 levy on a series of offences. It is after DVA Enforcement Officers stopped a 2 x 3 axle Volvo articulated goods vehicle in the Omagh area and directed the driver to take the vehicle to the DVA Test Centre in Omagh. The vehicle was weighed and found to be overloaded on the 2nd axle by 680kgs (5.9%), overloaded on axles 3, 4, and 5 by 1,180kgs (4.9%) and an overload on the gross train weight by 3,760kgs (9.4%). The vehicle was overloaded to such an extent that it posed a danger or risk of injury to other road users requiring a Prohibition Notice to be issued, instructing the driver to take the vehicle directly to the operator’s premises to reduce the load. An analysis of the driver’s tachograph records identified several infringements including failing to take the required daily rest on 4 occasions, exceeding the daily driving period on 1 occasion, and use or attempted use of a driver card on which the driver was not identified as the holder on 3 occasions. Further checks revealed that there was no HGV Road User Levy in place for the vehicle to operate in Northern Ireland. As the driver was unable to provide a UK address, three court deposits totalling £900 were taken at the roadside and held pending the outcome of the prosecution case. The driver was cautioned and interviewed.

£1000 Fine for Being Overweight A haulage driver from Belfast has been convicted and fined a total of £1,000 plus a £15 levy at Belfast Magistrates’ Court. In addition 3 penalty points was added to his driving licence. The conviction arose when DVA Enforcement Officers stopped a 2 axle light goods vehicle in the Belfast area and directed the driver to take the vehicle to the DVA weighbridge at Garmoyle Street, Belfast.

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Driver Failed to Provide CPC A Republic of Ireland haulage driver was convicted at Ballymena Magistrates’ Court and fined a total of £500 plus a £15 levy after DVA Enforcement Officers examined a 2 axle Scania articulated goods vehicle in the Belfast area. The driver subsequently failed to provide evidence of a Certificate of Professional Competence qualification. Further checks revealed that there was no HGV Road User Levy in place for the vehicle to operate in Northern Ireland. As the driver was unable to provide a UK address, two court deposits totalling £600 were taken at the roadside and held pending the outcome of the prosecution case. The driver was cautioned and interviewed.

Fined for Tachograph Offences A County Londonderry haulage driver was convicted at Ballymena Magistrates’ court and fined a total of £750 plus a £15 offender levy. The conviction arose when DVA Enforcement Officers examined a 3 axle Volvo articulated lorry in the Larne area. During an examination of the driver’s digital tachograph card it was noted that the driver failed to take the required daily rest on 3 occasions. The driver was cautioned and interviewed.

Irish Driver Convicted at Omagh Court A Republic of Ireland haulage driver was convicted at Omagh Magistrates’ Court and fined a total of £885 plus a £15 levy on a number of offences.

The vehicle was weighed and found to be overweight on the 2nd axle by 1,229kgs (51%) and overweight on the gross vehicle weight by 1,902kgs (54%).

He was charged after DVA Enforcement Officers examined a 2 axle articulated goods vehicle in the Ballygawley area. An analysis of the driver’s tachograph records identified two infringements pertaining to failing to take the required daily rest and exceeding the daily driving period.

The vehicle was overloaded to such an extent that it posed a danger or risk of injury to other road users requiring a Prohibition Notice to be issued, instructing the driver to adjust the weight of the vehicle on site by off-loading before the vehicle would be allowed onto the public highway. The driver was cautioned and interviewed.

Further checks revealed that there was no HGV Road User Levy in place for the vehicle to operate in Northern Ireland. As the driver was unable to provide a UK address, three court deposits totalling £900 were taken at the roadside and held pending the outcome of the prosecution case. The driver was cautioned and interviewed.

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