A Cheltenham operator caught speeding on the motorway in a truck with a defective speed limiter has had its licence revoked after a traffic commissioner said its director could not be trusted.

A 7.5-tonne vehicle driven by Redgrove Scaffolding director Mark Rabjohns was spotted on the M5 by a DVSA traffic examiner who estimated it was travelling at 70mph.
Rabjohns was pulled over and the tachograph’s seal was found to be broken and the wiring disconnected.

The lorry also had a number of defects, including a cracked exhaust system, a deep cut in one of its tyres and loose seat bolts.

A follow-up maintenance investigation identified many serious shortcomings, with 60% of inspections not having a brake performance test, 80% had driver reportable defects, walk-round checks were not carried out and there was no wheel security policy.

At a Bristol public inquiry, TC Kevin Rooney also challenged Rabjohns about why he had not declared a conviction for burglary when he applied for his licence.

The director said he did not think it was relevant and after reviewing the guidance, the TC said he could see why he had come to that conclusion: “The conviction happened at a time when Mark Rabjohns had very little money available,” Rooney said.

“The judge appears to have accepted that he had played a relatively minor role and took part almost on the spur of the moment.

“I find that the activity involved which led to the conviction is relevant to Mr Mark Rabjohns’ fitness to be the holder of a restricted licence but is not, on its own, determinative.”

However, the TC also said he did not believe the director when he said he was unaware he was comfortably overtaking other HGVs on the motorway by travelling at excess speeds: “I find it is far, far more likely than not that he knew full well that his speed limiter was not working.

“It follows that I find that he lied to me – and I gave him an opportunity in the hearing directly to address that but he did not take it.”

The TC concluded that Rabjohns could not be trusted, but that his brother and co-director Connor Rabjohns could and so he offered the restricted operator an opportunity to apply for a standard licence with an experienced transport manager in place and no involvement from Mark.

Source:  Commercial Motor