nick172sport:
fella from our place went before the tc for using phone whilst driving and had is adr took off him for 8 weeks so final warning no wages for 8 weeks
Tc cant touch his adr as that aint in there remit, only thing a tc can touch is his vocational licence which will be what has been taken for 8 weeks
rambo19:
Roymondo:
Bus company (or indeed any other transport employer) can have whatever rules they like about what you may or may not do/wear/use in the cab, or anywhere else while “at work”. But unless it contravenes the law (e.g. using a mobile phone while driving on a road) what business is it of the Traffic Commissioner?Because the offence is, iirc, ‘whilst in charge of a motor vehcile’.
Then your R is not C.
- (1) No person shall drive a motor vehicle on a road if he is using–
(a)a hand-held mobile telephone; or
(b)a hand-held device of a kind specified in paragraph (4).
i.e. the offence is specifically committed only when driving a motor vehicle on a road.
Now in this particular case it may well be that the bus station in question is classed as “a road”, and the driver in question may well have been “driving” at that time - but the point I was addressing was the comment that some bus companies ban the use of mobile phones in the cab AT ANY TIME, with the inference that contravention of this rule would be grounds for referring the errant driver to the TC.
Juddian:
peterm:
I often wonder if i’ve been in a sort of suspended animation for centuries and woken up in a parallel dimension, sooner i fall into another bugger and get back to normality the better.
+1. Abso-bloody-lutely spot on. It makes me despair for the future of mankind.
scotstrucker:
nick172sport:
fella from our place went before the tc for using phone whilst driving and had is adr took off him for 8 weeks so final warning no wages for 8 weeksTc cant touch his adr as that aint in there remit, only thing a tc can touch is his vocational licence which will be what has been taken for 8 weeks
And if it was suspended, the driver can always appeal to the magistrates court to get it lifted.
weeto:
scotstrucker:
nick172sport:
fella from our place went before the tc for using phone whilst driving and had is adr took off him for 8 weeks so final warning no wages for 8 weeksTc cant touch his adr as that aint in there remit, only thing a tc can touch is his vocational licence which will be what has been taken for 8 weeks
And if it was suspended, the driver can always appeal to the magistrates court to get it lifted.
yes and will be reheard by another tc who would do exactly the same as the first
scotstrucker:
weeto:
scotstrucker:
nick172sport:
fella from our place went before the tc for using phone whilst driving and had is adr took off him for 8 weeks so final warning no wages for 8 weeksTc cant touch his adr as that aint in there remit, only thing a tc can touch is his vocational licence which will be what has been taken for 8 weeks
And if it was suspended, the driver can always appeal to the magistrates court to get it lifted.
yes and will be reheard by another tc who would do exactly the same as the first
No it wont, it will be heard by a magistrate.
scotstrucker:
nick172sport:
fella from our place went before the tc for using phone whilst driving and had is adr took off him for 8 weeks so final warning no wages for 8 weeksTc cant touch his adr as that aint in there remit, only thing a tc can touch is his vocational licence which will be what has been taken for 8 weeks
that’s what I thought ADR has squat to do with driving that’s like taking a fork lift licence off a cyclist for exceeding the 20mph speed limit 
weeto:
scotstrucker:
weeto:
scotstrucker:
nick172sport:
fella from our place went before the tc for using phone whilst driving and had is adr took off him for 8 weeks so final warning no wages for 8 weeksTc cant touch his adr as that aint in there remit, only thing a tc can touch is his vocational licence which will be what has been taken for 8 weeks
And if it was suspended, the driver can always appeal to the magistrates court to get it lifted.
yes and will be reheard by another tc who would do exactly the same as the first
No it wont, it will be heard by a magistrate.
after the magistrate has dealt with it it will be heard again by a diffrent tc who will implement exactly what the first tc did. how do i know this, i know this because thats what my mate did when he had his licence taken off him for 8 months, went too court and judge ruled that licence should be reinstated because he was being punished twice for same offences, tc appeals the verdict because it’s a driver conduct hearing and the tc cant fine you so it’s classed at not being punished again sothe licence was again revoked for 8 months with a retest thrown in for good measure
nick2008:
scotstrucker:
nick172sport:
fella from our place went before the tc for using phone whilst driving and had is adr took off him for 8 weeks so final warning no wages for 8 weeksTc cant touch his adr as that aint in there remit, only thing a tc can touch is his vocational licence which will be what has been taken for 8 weeks
that’s what I thought ADR has squat to do with driving that’s like taking a fork lift licence off a cyclist for exceeding the 20mph speed limit
correct, too be fair on the op i think he meant the vocational licence and not the adr lol
m1cks:
Not really. It’s one persons word against another. This offence was nor dealt with by the police nor have they received any kind of conviction for it.
thats the way i see it so either the op’s friend is being econimical with the truth and was caught on the road or he’s went too the hearing with no legal rep and bent over and took it dry.
the tc deals with conduct, that means what you have been convicted of and not only convictions that have been with the truck, the ones that you have been convicted for in your car aswell count too.
scotstrucker:
weeto:
scotstrucker:
weeto:
scotstrucker:
nick172sport:
fella from our place went before the tc for using phone whilst driving and had is adr took off him for 8 weeks so final warning no wages for 8 weeksTc cant touch his adr as that aint in there remit, only thing a tc can touch is his vocational licence which will be what has been taken for 8 weeks
And if it was suspended, the driver can always appeal to the magistrates court to get it lifted.
yes and will be reheard by another tc who would do exactly the same as the first
No it wont, it will be heard by a magistrate.
after the magistrate has dealt with it it will be heard again by a diffrent tc who will implement exactly what the first tc did. how do i know this, i know this because thats what my mate did when he had his licence taken off him for 8 months, went too court and judge ruled that licence should be reinstated because he was being punished twice for same offences, tc appeals the verdict because it’s a driver conduct hearing and the tc cant fine you so it’s classed at not being punished again sothe licence was again revoked for 8 months with a retest thrown in for good measure
I suppose that would depend on what your mate had done, to get suspended, win an appeal, then have a tc appeal that judgement, it must have been something a lot worse than using a mobile.
The basis of my post was, suspensions of all licences are appealable at a magistrates court.
weeto:
scotstrucker:
weeto:
scotstrucker:
weeto:
scotstrucker:
nick172sport:
fella from our place went before the tc for using phone whilst driving and had is adr took off him for 8 weeks so final warning no wages for 8 weeksTc cant touch his adr as that aint in there remit, only thing a tc can touch is his vocational licence which will be what has been taken for 8 weeks
And if it was suspended, the driver can always appeal to the magistrates court to get it lifted.
yes and will be reheard by another tc who would do exactly the same as the first
No it wont, it will be heard by a magistrate.
after the magistrate has dealt with it it will be heard again by a diffrent tc who will implement exactly what the first tc did. how do i know this, i know this because thats what my mate did when he had his licence taken off him for 8 months, went too court and judge ruled that licence should be reinstated because he was being punished twice for same offences, tc appeals the verdict because it’s a driver conduct hearing and the tc cant fine you so it’s classed at not being punished again sothe licence was again revoked for 8 months with a retest thrown in for good measure
I suppose that would depend on what your mate had done, to get suspended, win an appeal, then have a tc appeal that judgement, it must have been something a lot worse than using a mobile.
The basis of my post was, suspensions of all licences are appealable at a magistrates court.
thats what happens with all driver conduct cases where a driver appeals the decsion of the tc. because it’s a conduct hearing the tc is deciding if you are a fit and proper person too be holding a vocational licence which is not a punishment so you are not being punished twice for the same offences.
Well it certainly looks like a punishment - unless the TC expects you to suddenly become a fit and proper person after a few weeks without your licence…
Roymondo:
Well it certainly looks like a punishment - unless the TC expects you to suddenly become a fit and proper person after a few weeks without your licence…
it does dont it but they claim it is not.
