Solicitors 4 Transport - 7 Deadly Sins - Serious Infringements in relation to Traffic Offences

7 Deadly Sins

TheĀ 7 most serious infringements that that must be considered by a Traffic Commissioner when considering loss of good repute for an Operator or Transport Manager are detailed below.

  1. (a) Exceeding the maximum 6-day or fortnightly driving time limits by margins of 25 % or more, (b) Exceeding, during a daily working period, the maximum daily driving time limit by a margin of 50 % or more without taking a break or without an uninterrupted rest period of at least 4,5 hours.
  2. Not having a tachograph and/or speed limiter, or using a fraudulent device able to modify the records of the recording equipment and/or the speed limiter or falsifying record sheets or data downloaded from the tachograph and/or the driver card.
  3. Driving without a valid roadworthiness certificate if such a document is required under Community law and/or driving with a very serious deficiency of, inter alia, the braking system, the steering linkages, the wheels/tyres, the suspension or chassis that would create such an immediate risk to road safety that it leads to a decision to immobilise the vehicle.
  4. Transporting dangerous goods that are prohibited for transport or transporting such goods in a prohibited or non-approved means of containment or without identifying them on the vehicle as dangerous goods, thus endangering lives or the environment to such extent that it leads to a decision to immobilise the vehicle.
  5. Carrying passengers or goods without holding a valid driving licence or carrying by an undertaking not holding a valid Community licence.
  6. Driving with a driver card that has been falsified, or with a card of which the driver is not the holder, or which has been obtained on the basis of false declarations and/or forged documents.
  7. Carrying goods exceeding the maximum permissible laden mass by 20 % or more for vehicles the permissible laden weight of which exceeds 12 tonnes, and by 25 % or more for vehicles the permissible laden weight of which does not exceed 12 tonnes.

These are referred to as the 7 Deadly Sins.

If an Operator or Transport Manager commits any one or more of these Deadly Sins then their repute is on the line. Certainly repute would be lost unless the Traffic Commissioner decided that loss of repute would constitute a disproportionate response.

If the Traffic Commissioner decides the loss of good repute would not constitute a disproportionate response, the committing of a Deadly Sin will lead to the loss of good repute. But note the Deadly Sin only bites if a penalty has been incurred in respect of it.

 

 

 

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