HGV driver jailed for using two cards

HGV driver falsified records to illegally drive for longer

A BRADFORD haulier who falsified records to illegally drive his HGV for longer
has been jailed.

James Bentley, 49, of Pullan Street, Bradford, was a HGV driver for Apollo Beds at
the time he was pulled over last year and his tachograph records checked.

The rules are designed to prevent tiredness at the wheel for drivers of commercial
heavy goods vehicles, and involve a maximum of 4.5 hours of driving before a break
must be taken.

By not following the regulations, Recorder Alex Menary warned Bentley that the effect
could be to turn the HGV into a “lethal weapon”.

Bradford Crown Court heard that Bentley admitted five counts of knowingly making
a false record which he knew to be false.

He was jailed for six months in total, and is now likely to face a conduct hearing
before the traffic commissioner, where his HGV licence could be suspended or revoked.

Prosecutor Olivia Maginn, on behalf of the Driver and Vehicle Standards Agency,
told the court that Bentley was pulled over on May 6, 2021, driving an Apollo Beds
HGV and inconsistencies were discovered with the data on the digital tachograph
in the vehicle.

She said that there were five instances, between February 1 and March 10, when
the data showed Bentley had either inserted two separate driver cards into the
digital tachograph, or had driven without a card – in order to circumvent the rules
around driving for no more than 4.5 hours without a break.

She outlined how in interview he initially denied having two cards, and said he
lost one and received a replacement. He also said one of his cards had been faulty.

He told investigators he religiously stuck to the rules around hours he could drive,
but occasionally went slightly over the 4.5 hours if he had trouble finding somewhere to park up.

Investigators then looked at automatic number plate recognition data.

At a later interview he admitted having two cards at one time, but said it must have
been a mistake that he used them both on the same day.

Ms Maginn said that while Bentley said he felt pressure to meet targets set by the
company he was working for, he later accepted responsibility for the matter.

She added that Apollo Beds, a Batley firm, has not been prosecuted over the matter,
although they were due to be called before the traffic commissioner as part of a public inquiry.

The judge jailed Bentley, saying that the regulations were in place to protect road users,
pedestrians and drivers themselves from tiredness at the wheel.

He added that the offences were so serious only an immediate jail term was suitable – and
that this would send a deterrent to others.

He should have had Ahoy truckers as his attorney and he would have gotten away with it.

On another point what a prat, using 2 cards and falsifying records…

Sent from my CPH2173 using Tapatalk

I must admit that was not something I or the mrs expected , or the dvsa solicitor to be fair , the clerk of the court going on what seemed like for ages about a custodial sentence , the judge nearest me was nodding in agreement , the dvsa solicitor to be fair did say we are not asking for a custodial sentence after she finished
Mrs was panicking not about me being banged up , more she didn’t know here way home from Carlisle to Grantham

They bang on about the 4.5hour rule but are happy to extend the hours when it suits!

drover:
They bang on about the 4.5hour rule but are happy to extend the hours when it suits!

Rules and regulations are there to adhere to but the joke is them saying that they are there to stop a driver driving while tired
Why o why would working 15 hours a day not make you tired, in what world is that acceptable due to their own rules, talk about a contradiction, it’s all a flipping joke.
The laws are wrong, the driver is not only being used they are been abused and taken advantage of, and then you have these shirt and tie merchants supposedly experts who never worked more than a 7 or 8 hour day and have no idea about the job thinking they know everything.
It’s not about what the driver did, he got caught so he’s paying for it, iv no problem if a driver wants to work 20 hours a day, if it’s their rules that allow you do that and then they say their rules are there to stop you driving while tired, then it is a joke, the law is a joke
It’s not the first time iv read about about a so called professional stateing that the rules are there to stop you getting tired
Change the rules or change the attitude they are there to regulate you not to stop you getting tired and never were

Thought I’d not seen the one I normally bump into on the A66 screaming past me for a while.

No sympathy for him.
The days of doing all that sort of crap are long gone.
Bad enough an owner driver doing it and taking a chance, but any co driver stupid enough to do it deserves all he gets and then some.
■■■■ idiot imo,he’ll.have plenty of time to reflect while his boss enjoys his Christmas at home.

I doubt the boss at that firm will be having turkey with all the trimmings for christmas dinner,
more like chapatti sandwiches and onion bajis.
While wondering where he can get another driver to push beyond the limits under threat of losing his (crap) job…

This isn’t an isolated incident, I’ve got some statistics from 2016 or 2017 for this kind of thing, 12 people got custodial sentences and 30 got suspended sentences.

simcor:
He should have had Ahoy truckers as his attorney and he would have gotten away with it.

On another point what a prat, using 2 cards and falsifying records…

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There’s still time mate, he’s not had a conduct hearing yet so there’s still time to get our resident legal eagle onside.

At a later interview he admitted having two cards at one time, but said it must have
been a mistake that he used them both on the same day.

Obviously too stupid to realise when the game’s up.

simcor:
He should have had Ahoy truckers as his attorney and he would have gotten away with it.

On another point what a prat, using 2 cards and falsifying records…

Sent from my CPH2173 using Tapatalk

But falsifying records is what I had , in my case 4/5 mins without a card in , sounds more impressive to the judges , driver falsified records , rather than he drove for a few mins without his card in
Fine is the same , £776 for falsifying records you think not too bad , £776 for a few mins without a card you think I’ve been ripped off , especially when the dvsa solicitor had said before we went in it Was a nothing charge .

The issue is there no consistency, this lad get banged up , yet every week there’s a page in the local tag of car / van drivers with no lisense , no insurance , no mot , 3 time the drink / drive limit , drugs & they get ■■■■ all
I mean is using 2 cards any worse than ■■■■■■ out your brain & crashing through a wall into a house ,
It seems it gets better headlines , I mean he shouldn’t of done what he did , but bang him up for 6 months , seems way over the top to me , I’d of thought A ■■■■■■■ good bollocking & a suspension of his lisense would do , assuming it was his first offence , then bang him up if he didn’t learn from it

dozy:
The issue is there no consistency, this lad get banged up , yet every week there’s a page in the local tag of car / van drivers with no lisense , no insurance , no mot , 3 time the drink / drive limit , drugs & they get [zb] all
I mean is using 2 cards any worse than ■■■■■■ out your brain & crashing through a wall into a house ,
It seems it gets better headlines , I mean he shouldn’t of done what he did , but bang him up for 6 months , seems way over the top to me , I’d of thought A [zb] good bollocking & a suspension of his lisense would do , assuming it was his first offence , then bang him up if he didn’t learn from it

Gritting what’s left of my teeth, I am obliged to agree with you.

simcor:
He should have had Ahoy truckers as his attorney and he would have gotten away with it.

On another point what a prat, using 2 cards and falsifying records…

Sent from my CPH2173 using Tapatalk

Don’t start on that one. I think he needs to go on moderation.

Stupid greedy mug or total thicko?

What a prat.

Yet pedos/death by dangerous drivers get away scott free

In other news driver who had a 45 min video call while driving then Jackknifed his truck gets away with a slap on the wrist

I think the boss the man that makes the money should get the same sentence ,there is enough stuff in trucks now for him to know what is going on…It makes me laugh also when they say driver hours are there to protect themselves from the boss and not to exploit and drive when tired :stuck_out_tongue: :stuck_out_tongue: