17 Truck Drivers Sentenced for False Tacho Records

Wednesday, May 4th, 2011

Two directors of a transport company and fifteen of their employees have been sentenced at Carlisle Crown Court on Thursday 28th April 2011 for interfering with tachographs and falsifying their records.


65 year old Patrick James Boyle and 36 year old Mark Anthony Boyle, who are both from Newry, Northern Ireland and Directors of Boyle Transport Limited, were handed 2 year and 18 month custodial sentences respectively in Carlisle Crown Court. They were also disqualified from acting as company directors, which includes having any management position within a company, for a period of 5 years. This follows them pleading guilty to conspiring with drivers to make the false tachograph records on 18 February 2011. A timetable was set out for future hearings into confiscation proceedings relating to the assets of the company and the directors.
Fifteen HGV drivers from Boyle Transport Ltd also appeared in court after they all pleaded guilty to interfering with their tachographs.


· James Aird, 49, from Clydebank
· Andrew Bain, 64, from Glasgow
· John McKieve Barrow, 44, from Glasgow
· Alexander Bell, 56, from Callender
· Andrew Boyce, 52, from Glasgow
· William Brophey, 64, from Motherwell
· Christopher Chapman, 44, from Ayr
· Jeffrey Daniel, 44, from Richmond
· James Fletcher Drury, 44, from Glasgow
· Wilfred Howat, 68, from Dumfries
· Leslie Robert Marshal, 51, from Glasgow
· Stephan Mathias Mainka, 44, from Glasgow
· James Miller, 40, from Glasgow
· Jonathan William Orr, 47, from Johnstone
· Graham Pier, 46, from Blackpool


The drivers, many of whom assisted the prosecution, and other drivers who offered to assist the prosecution, received suspended custodial sentences and orders to carry out unpaid work. In his sentencing, His Honour Judge Hughes QC made it clear that had it not been for their assistance, the starting point for sentencing the drivers would have been 12 months in custody.


A joint intelligence-led investigation into Boyle Transport Ltd named Operation Cadillac began in October 2008, conducted by Cumbria Constabulary and VOSA. It became one of the largest investigations ever conducted by Cumbria’s Roads Policing Unit or VOSA.


Eight Boyles vehicles travelled from Glasgow into Cumbria on 12 October 2008 and were stopped in Penrith by RPU officers working on Operation Cadillac. Five of the vehicles were seized and examined, and all five were found to have modified wiring systems. Further investigations saw that each had had their tachographs interfered with.
The investigation led officers to track down another seven of the company’s vehicles that had digital tachographs installed and all of the data was seized and examined. A warrant was also conducted at Patrick Boyles’ home address and business premises near Newry in Northern Ireland with the assistance of the PSNI on 16 December 2008 where significant documentary evidence and paperwork was seized.


A total of 18,000 documents were reviewed as part of the in-depth investigation that took place over the course of a year. It was revealed that each digital tachograph owned by the company had been interfered with and the drivers had, in fact, been driving up to 22 hours per day (the law states the maximum should be 10 per day) and failing to take their lawful breaks.
During the course of the investigation, RPU and VOSA officers interviewed all drivers and together with Carlisle CID interviewed the directors. This led to the taking of DNA samples which led to the subsequent arrest and conviction of 51yr old Leslie Marshal from Glasgow for a previous offence of rape and kidnap. The offence occurred on 18 January 1989 and took place near Burnley. After getting a DNA hit, he was arrested and charged. Marshall pleaded guilty to the offence and was sentenced on the 25th August 2010. He is currently serving a six and a half year prison sentence.


Sergeant Graeme Hodgson from the Road Policing Unit led the investigation for Cumbria Constabulary. He said: “Today’s sentence marks the end of one of the largest ever investigations conducted by the Roads Policing Unit.


“This has been a serious, long running investigation that saw employers manipulate their staff into taking serious risks on the road. By ignoring legislation and having drivers on the road for up to 22 hours a day risks lives – not only of the drivers themselves, but other innocent road users. The legislation should provide a level playing field for all hauliers. By extending the driving done by each driver the company was able to undercut deliveries on cost and time, placing further pressure on struggling competitors who work within the legislation and who may otherwise be tempted to follow suit.”


“Our enquiries also revealed that some employees had resigned from the company after being asked to work such long hours. One sent an e-mail to Patrick Boyle “I am not a hero and am not prepared to risk my life, other peoples lives or a jail sentence for you to make a profit and still pay poor wages for the amount of hours you expect people to work.”


“This case also demonstrates the successful outcome of strong partnership working. By working closely with VOSA and with early involvement of the Crown Prosecution Service, we were able to secure more evidence, present it to the courts and achieve today’s result.”
“Cumbria Constabulary and VOSA are so pleased with the joint investigative work that we currently have another investigation under way and others in the intelligence gathering stages. The implications of being caught are extremely serious, hopefully this result will act as a big deterrent to Directors; whilst we will continue with roadside enforcement against drivers and vehicles, where further action is justified we will arrest those with a controlling hand at the top of the company.”


Alex Fiddes, operations director from VOSA said: “The intelligence led investigation into the activities of “Boyle Transport Ltd” was started in October 2008 when Investigators from VOSA’s Investigation Team and Officers from Cumbria Constabulary Road Policing Unit based at Penrith formed a joint investigation team. This joint approach to the investigation shows the advantages of multi agency co-operation.


The investigation which concentrated on vehicles fitted with digital tachograph recording equipment was the largest undertaken by VOSA and has revealed the consequences of drivers and operators who operate outside the EC Regulations. Tired drivers run the risk of causing serious or fatal accidents when they abuse driver’s hours rules and don’t take proper rest periods.


Whilst this result marks the end of the Criminal Investigation there is also an application under the Proceeds of Crime Act to confiscate monies gained by criminal conduct.

Avis Insurance has been arranging commercial insurance since 1983 and would be happy to assist you with your truck or commercial insurance requirements.

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Source: hgvuk.com

Inspections Reveal Over 70% Of HGV Loads As Unsafe

Last year a number of spot checks were carried out on HGV vehicles in a joint initiative between the Health and Safety Executive (HSE) and Vosa. The outcome of these checks revealed that most loads were unsafe and needed drastic action to make them secure for drivers and loading staff.




The two organisations that performed the road side checks were shocked at the considerable number of unsafe HGV vehicles on the road.


Figures have shown that 2000 injuries have occurred on UK roads over the last three years because of unsecured cargo falling from vehicles, making these loading checks all the more significant.


Due to these high figures, the HSE will be introducing a campaign that will increase awareness and provide assistance in securing loads correctly.


This should then reduce the amount of incidents on the roads and decrease injuries during the loading and unloading of heavy goods vehicles.


The benefits of adhering to these correct loading procedures also include increasing business productivity, cheaper HGV insurance rates and a reduction of haulage insurance claims.

Avis Insurance has been arranging commercial insurance since 1983 and would be happy to assist you with your truck or commercial insurance requirements.

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Source: Co-Insure 2011

No courtesy car on most car insurance policies

Nearly half of car insurance providers do not provide a courtesy car as standard, research by Defaqto found.

The study found 49% of car insurance policies would not provide a replacement car following an accident.

A further 28% only offer a replacement car if it was selected as an optional extra when the insurance policy was purchased.

Only a quarter (23%) of policies offer a courtesy car as standard.

“When purchasing cover, consumers must ensure that they are aware of the provider’s courtesy car provision,” said Mike Powell, Defaqto spokesperson.

“Finding out that a courtesy car is not available when you need one could be very costly, especially if you have to hire a car to continue your day to day activities.”

Avis Insurance has been arranging commercial insurance since 1983 and would be happy to assist you with your truck or commercial insurance requirements.

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Source Dave Master - Finance Markets

 

Rising thefts increase rates for Haulage Insurance

With the current economic situation and rising fuel bills Hauliers have another problem to face and this is the increase in criminal damage to their vehicles and theft from them too.

In 2010 it was reported that theft from lorries had risen by 63% compared to the previous decade and as a result this had cost the economy £250m.

How does this affect the insurance industry?

Like any policy when insurance companies have to make frequent payments for claims they are going to increase the premiums for that industry in order to recover some of their losses and the haulage industry is no different.

Many insurer’s now increase premiums in certain areas of the UK where there is a high crime rate from trucks this can be up to 25% of the premium which is a hefty levy for struggling haulage companies to pay.

What is the answer?

There is no simple quick fix to this problem but if the Police and insurance companies work closely with Hauliers and the trade associations then over a period of time the crime rate will fall.

For example, the Police should be sharing their data with haulage companies and trade bodies advising of safe places for drivers to stop for their rest and where drivers need to be vigilant.

Insurance companies should be offering more incentives to haulage companies to ensure drivers are fully aware of their responsibility to secure the vehicle whilst they are asleep or when they leave it unattended to prevent damage and theft from the vehicle. If the haulage company does take heed of the advice then the insurers can offer rebates at renewal.

Haulage companies also need to vet and check all of their staff as a high number of theft from vehicles tends to be an “inside job” so by obtaining references and querying anything out of the ordinary may prevent a crime not only against themselves but other haulage companies. 

 Source: Essential Risk Solutions 2011

 

Avis Insurance has been arranging commercial insurance since 1983 and would be happy to assist you with your truck or commercial insurance requirements.

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Goods in Transit Insurance - Its Worth Every Penny

Any business that transports goods needs to have adequate insurance in place. Its essential for your own peace of mind as well as that of your customers, and  goods in transit insurance is just one thing that always needs to be considered.

This type of insurance is normally offered as an addition to your current insurance quote rather than being a stand-alone policy, and should certainly never be overlooked. Its there to protect the contents of your vehicle when youre on the road, and given that the cost of those items could easily add up it makes sense to be prepared.

Dont think that a simple van or truck quote will cover you while that may be perfectly sufficient if youre only transporting your own goods, when youre performing services on a hire and reward basis you need to have a more comprehensive policy in place. Its always going to be worth investing in, and could be a real coup for your business.

But, its a sad fact that a lot of business owners prefer to overlook this type of insurance in an attempt to save some cash, but in the long run thats never going to pay off. If anything were to happen to the contents of the vehicle you could easily be held responsible, and showing potential clients that youre properly insured could even increase your profits. If they see that youve got adequate cover in place theyll be more likely to trust you to take charge of their goods, and that boosted image can result in huge benefits for your business as a whole.

It doesnt even have to cost that much, and when you consider the price of your current insurance policy the increase to your premiums will be negligible. Most insurers will ask if you want it when you take out their policy anyway, and if you want to be completely covered youd be wise to accept. If youre looking to get a great deal make sure to head to the experts and always shop around, and doing so will mean you can be completely confident in your choice.

So, any kind of haulage, van or courier firm needs to have adequate goods in transit insurance in place if they want to make the most of their business. Doing so will offer valuable peace of mind to everyone involved and could even provide a tangible boost to your profits, so make sure that youve got every aspect covered if you want your business to thrive.

Source www.euroferret.com

Avis Insurance has been arranging commercial insurance since 1983 and would be happy to assist you with your truck or commercial insurance requirements.

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Honesty Is the Best Insurance Policy

With fuel costs relentlessly rising it seems drivers are taking serious risks to keep their motoring costs down.  A recent survey of UK Motorists found that over 50% of us would consider lying to our insurance providers if it meant we got a better deal on our annual policy. Known as fronting it involves deliberately misleading the insurance company by providing false or inaccurate information.

The survey conducted by the ABI (Association Of British Insurures) found that more than 50% of those questioned would incorrectly name themselves as a first driver, 20% said they may exagerate their no claims bonus and 12% would consider hiding motoring convictions in order to reduce their premiums. Perhaps most worryingly 10% stated they would consider concealing important details from their insurance provider to get a better deal.
 The first quarter of 2010 saw record rises in insurance policies with an average of 7.2% rise in comprehensive cover cost according to the AA’s figures. The insurance industry insisted that the rises were necessary as the were paying out 20% more in claims than they had collected in policy premiums. This surge in in claims followed the cold spell where much of the UK was brought to a stand still by snow and ice, will we see the same hikes again in 2011 as insurance claims are realised?
The ABI found that fronting poses the biggest threat to insurance providers and stated that the practice is illegal and could invalidate a vehicle insurance policy were it proven.


Source: TrackCompare, January 21, 2011


Avis Insurance has been arranging commercial insurance since 1983 and would be happy to assist you with your truck or commercial insurance requirements.
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Gender Directive will require UK insurers to raise almost £1bn

The European Court of Justice’s ruling on the Gender Directive on 1st March, could mean that the UK insurance industry will need to raise nearly £1 billion in additional capital.
Unchallenged, the Directive means that UK insurers can no longer offer premiums based on gender and according to Open Europe, UK insurers will need to raise an extra £936 million to cover themselves against “new uncertainties” in the market.
The think-tank argues that this cost will be passed on to consumers, so that rather than equalising men and women’s existing insurance costs, the Directive would increase total costs for consumers, taken as a whole.
It would also affect several different insurance and pension products, including motor insurance, private medical insurance, life insurance and annuities.
Taking motor insurance as an example, Open Europe estimates that, on average, a 17-year-old female driver would have to pay an extra £4,300 in insurance premiums by the time she is 26, as a consequence of an unfavourable ruling.
The body’s research director, Stephen Booth, says: “This is a perfect illustration of how giving ever greater powers to unaccountable EU judges does not only come with a democratic cost, but can also have massive economic costs for individual consumers and the wider UK economy.

Avis Insurance has been arranging commercial insurance since 1983 and would be happy to assist you with your truck or commercial insurance requirements.

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