[2024] UKUT 46 (AAC)

The hearing was reconvened on 3^rd February 2023 because in the intervening period the TC had had the opportunity to consider the video evidence of the incident on 21^st July 2021 from the van’s dashboard camera and the video evidence of Mr. Griggs’s dealings with the police on 28^th July 2021 from Sergeant Collins’ body camera. Certain points arose which the TC wished to put to Mr. Griggs. Some of those points were relevant to his vocational entitlement rather than to his operator’s licence and we shall not deal with those points. The points relevant to his operator’s licence were the following.

First, the TC asked why Mr. Griggs went back to his lorry and picked up the table leg the second time. Mr. Griggs explained that when the passengers in the van got out, they were using threats.

Secondly, the TC played the relevant part of the video evidence from 28^th July 2021 and pointed out that it did not show Mr. Griggs pointing the L-plates out to Sergeant Collins during the tachograph analysis. Mr. Griggs accepted that. Equally, the video evidence showed that the police did not search behind the passenger seat.

Thirdly, the TC asked Mr. Griggs to clarify how he used the table leg to wipe the windscreen. Mr. Griggs explained that he used to put a squeegee on the end and use it to wipe the windows and mirrors. It appears from the transcript that Sergeant Collins looked further at the transcript and agreed he could see the squeegee and that the table leg could have been used to make an improvised cleaning device.

As a separate matter the TC returned to the question of using Slot 2. Mr. Griggs said it was his stupidity not putting his card into Slot 2 and perhaps not reading up on tachograph rules. The transcript is not very clear on this point, but Mr. Griggs is recorded as saying that he now knows that if there are two of you in the cab you put two cards in.

The TC also explained that when asking the police about the feasibility of making the change of drivers within 60 seconds he had not had making walk-round checks in mind but simply the feasibility of the first driver going through the steps to remove his tachograph card and getting out of his seat and then the second driver getting in, putting his card in and going through the steps necessary to be ready to go. Sergeant Collins then gave evidence that it would be very tight but it could be possible. He was cross-examined by Mr. Marsh and agreed that the records showed that on various occasions the vehicle was stationary for several minutes longer than the period which elapsed between the removal of one card and the insertion of another. Mr. Griggs explained that the majority of the takeovers occurred in the yard, when he would probably ring Thomas and say he was on his way back. He would arrive, take out his card and put in Thomas’s card, but then they would have a cup of tea or something. On other occasions it would be a quick changeover at the side of the road.

The hearing then concluded with further submissions from Mr. Marsh to the effect that in all the circumstances Mr. Griggs’s operator’s licence should not be revoked, since that would destroy his business. If the TC did consider action, the appropriate course would be suspension of the licence for a period which did not have to be significant.