[2024] UKUT 46 (AAC)

The inquiry opened on 2^nd December 2022 and Mr. Griggs was represented by Mr. Marsh of Ward International Consulting Ltd. In addition to the financial evidence, there was a considerable body of evidence relating to vehicle maintenance, defect reporting, work done and the forward planning system. There was also evidence of a limited number of infringements of the driving hours regulations.

At the hearing on 2^nd December 2022 Mr. Griggs gave evidence which, so far as relevant, we summarise as follows:

Mr. Marsh on behalf of Mr. Griggs submitted that apart from the issue of the use of the tachograph cards and the convictions there was nothing sufficiently untoward in his operations to call him to the attention of the TC. The TC agreed with that submission.

Mr. Marsh further submitted that Mr. Griggs had made arrangements to cope with the contingency of having his operator’s licence suspended and if the period was not in excess of two weeks there would not be a dramatic effect on the business except financially. If the licence was revoked, his business would be finished. He asked the TC to take into account the fact that Mr. Griggs had had a terrible time over the previous two years and had done something out of character which he regretted.

The hearing then concluded and the TC took time to consider his decision. By an email sent on behalf of the TC on 7^th December 2022 to Mr. Griggs and copied to Mr. Marsh the following questions were raised:

“i)

The police have informed the Commissioner that there were no L-plates in the vehicle when they searched it on 28^th July 2021. This contradicts Mr. Griggs’s statement at the inquiry that he always kept L-plates in the vehicle for use when Thomas Griggs was driving. Do you wish to comment?

ii)

Do you know whether Thomas Griggs ever applied to take the theory or practical HGV tests? If he did, is there any evidence which you can provide?”

These questions were addressed by Mr. Griggs in a statement dated 9^th December 2022. In answer to the first question, he said that the L-plates were indeed in the vehicle and that he had pointed them out to P.C. Collins by pointing to where they were, behind the passenger seat, while P.C. Collins was engaged in the tachograph analysis. No allegation had been made at that point that Mr. Griggs himself had been using Thomas’s card. He could not say why P.C. Collins said there were no L-plates in the vehicle. In answer to the second question he said that to the best of his knowledge Thomas had not made an application to take either of the tests, although he was aware that Thomas had previously made inquiries and had been informed that HGV tests had been suspended because of Covid.

There was also a further witness statement from P.C. Collins (by now Sergeant Collins) dated 29^th December 2022 and video evidence from his body camera was produced. There was sound with the video evidence and a transcript of the sound recording was also provided. In the statement Sergeant Collins said that the vehicle was not displaying L-plates when it was stopped and no L-plates were found when it was searched. He also expressed the view, in response to what appears to have been a question from the TC, that it would not be possible to switch drivers, attach L-plates, insert a second driver’s tachograph card and complete the introductory procedure (including a thorough walk-round check) within 60 seconds, as appeared to have been done on a number of occasions according to the records.