[2024] UKUT 46 (AAC)

Before the TC made his decision, Mr. Griggs was the holder of a restricted licence with a start date of 2^nd August 2018. He was called to a public inquiry by a letter dated 24^th October 2022 which identified areas of concern which we summarise as:

The detailed evidence leading to the TC’s concerns was contained in a report dated 26^th October 2021 from Police Constable Michael Collins, an officer from the Commercial Vehicle Unit, supplemented by Mr. Griggs’s application, dated 1^st July 2018, for his licence. The relevance of the application is that it contains standard form undertakings as to, among other matters, the observance of the rules on drivers’ hours and tachographs, the keeping of proper records and the notification of convictions.

In his evidence P.C. Collins explained that on 28^th July 2021 he had decided to stop a lorry, which turned out to be Mr. Griggs’s lorry, for a tachograph analysis, roadworthiness inspection and document check. He duly stopped the lorry. While he was conducting a document check, he found an intelligence report against the vehicle, stating that it, and Mr. Griggs, had been involved in an alleged incident on 21^st July 2021. He also identified on the tachograph analysis a number of card swaps involving Mr. Griggs’s tachograph card and that of his son.

The incident of 21^st July 2021 began with a collision between Mr. Griggs’s lorry and a Peugeot van at a roundabout on a slip road off the M25. The van had a dashboard camera which recorded much of the episode. Mr. Griggs’s lorry was originally in the far lane, lane 4, while the van was in the third lane, lane 3. The road layout changed on the junction and as the van moved ahead of the lorry, the collision took place. This seems to have been the result of the van changing lanes and cutting across in front of Mr. Griggs’s lorry. The vehicles continued out of the junction and on to the A12 slip road, at which point Mr. Griggs, who had moved to the near side of the van, undertook it and then drove at an angle directly in front of it, causing the van to halt. Mr. Griggs got out of the lorry, picking up a wooden object which turned out to be a table leg, and approached the van, swinging the table leg. He then returned to the lorry and replaced the table leg, at which point the passengers in the van got out. There were some verbal exchanges and Mr. Griggs went back to his lorry and got the table leg out again. One of the van passengers went to the rear of the van while the other remained in the front, using his mobile. Mr. Griggs came up close to him and shouted at him. The passenger did not react at once, but then turned away and Mr. Griggs struck him on the back with the table leg. The passenger gave him a business card for insurance purposes. Mr. Griggs returned to his lorry and drove off, in what appeared to be a careless and aggressive manner.

Sufficient information as to this incident was available on 28^th July 2021 to P.C. Collins and two fellow officers who had come to assist to cause them to decide to arrest Mr. Griggs on suspicion of causing actual bodily harm.

The officers then searched the lorry and found two wooden objects, one of which proved to be the table leg in question, and a document bag which contained, among other cards, a tachograph card in the name of Thomas Griggs, Mr. Griggs’s son. Mr. Griggs was informed of the concern about the level of card swapping involving that card which the tachograph analysis had revealed and stated that he was teaching his son to drive. In view of the number of card swaps which had taken place (P.C. Collins’ report gives details of 13 instances between 30^th June and 26^th July 2021), he was then additionally arrested for fraud.

In the event the charging threshold was not met for any prosecution relating to the use of tachograph cards. Mr. Griggs attended a voluntary interview with P.C. Collins on 18^th August 2021 to which he brought requested information including tachograph data. His paperwork was found to be satisfactory and he showed a good understanding relating to tachograph knowledge, regulations and the rationale of why the regulations are in place. When asked why he did not use Slot 2 of the vehicle tachograph unit, however, he said he did not know that he had to. We note that Mr. Griggs produced a targeted operator assessment report dated 18^th September 2020 in which the examiner recorded that Mr. Griggs was hoping that his son would join him in the business. His son had in fact held a provisional licence since 2012.

As respects the incident on 21^st July 2021, Mr. Griggs was charged with offences of assault by beating, possession of an offensive weapon in a public place, use of threatening, abusive or insulting words or behaviour with intent to cause fear of or to provoke unlawful violence and driving without due care and attention. He pleaded guilty and was sentenced by the Crown Court to one month’s imprisonment suspended for 12 months for, we understand, possession of the table leg, which was forfeited. For the assault he was sentenced to a further six months’ imprisonment suspended for 12 months, completion of 100 hours unpaid work and a financial penalty. (Footnote: ¹) P.C. Collins states in his report that in addition Mr. Griggs was awarded four penalty points on his licence. This was disputed by Mr. Griggs, who wrote to the TC on 14^th November 2022 with a copy of his licence summary dated 24^th October 2022 which shows three points only. He explained that they related to an award of penalty points in May 2020 and admitted that he had not informed the TC of that fact, but explained that his wife, who did much of the paperwork, had been undergoing chemotherapy and radiotherapy at the time. Apart from the dispute as to the four penalty points, Mr. Griggs does not dispute the sentence imposed by the Crown Court and does not suggest that he notified the TC of the convictions. We note that the TC in his decision states that the four penalty points were for the motoring offence.

For completeness, we record that the letter calling Mr. Griggs to the public inquiry also raised the possibility that Mr. Griggs might no longer have sufficient financial resources to meet the statutory requirements. Evidence of financial standing sufficient for the operation of one vehicle was provided in advance of the inquiry. Mr. Griggs was then operating one vehicle only.

It should also be noted that, very sadly, Mr. Thomas Griggs was killed in a motor bike accident on 4^th August 2022. As was noted at the inquiry, he was therefore unable to shed any light on the use of his tachograph card.