A lorry driver who continued to work even though he was declared medically unfit has been disqualified from operating HGVs for two years.

David McCulloch’s ban comes after the region’s traffic commissioner found he had jeopardised the safety of other road users through his “conscious and prolonged flouting of the law”.

Nick Denton, the industry regulator for the south east, heard Mr McCulloch, who was trading as DJ Trucking, had driven a HGV without the correct licence entitlement, committed various infringements while driving, operated without a transport manager which is a mandatory requirement, and given false information to licensing officials.

The traffic commissioner concluded it was entirely appropriate to disqualify Mr McCulloch from holding an operator’s licence because of the danger he had posed to others.

“He must have been aware that the category C entitlement had been refused on medical grounds,” Mr Denton said.

“Nonetheless, he continued to drive a 23.5 tonne HGV whilst not medically fit to do so, thereby jeopardising the safety of himself and other road users.

“His conscious and prolonged flouting of the law means that loss of repute is inevitable.”

During a public inquiry, which Mr McCulloch did not attend, the traffic commissioner found that:

• The operator’s transport manager had resigned in December 2012 but no replacement was put forward. At the end of December, Mr McCulloch submitted paperwork to licensing officials indicating that the transport manager was still performing his duties;
• In just over a month, Mr McCulloch committed various drivers’ hours and tachograph infringements, including exceeding 4.5 hours driving without a break;
• One of his vehicles was issued with an immediate prohibition because the indicator was defective and the anti-lock warning light was not operating;

Mr Denton concluded Mr McCulloch, who was registered at Maidstone Road, Chatham, had deliberately given false information about his transport manager.

He claimed not to know about the resignation but Mr Denton said the operator must have known his transport manager was not carrying out the required duties, such as checking vehicle and driver records.

Revoking Mr McCulloch’s operator’s licence with immediate effect and imposing a two year disqualification, the traffic commissioner said: “I have fixed upon this period as appropriate in light of the danger to others he has posed and to give him time – if he ever wishes to re-enter the industry – to reflect on what went wrong, educate himself as to the requirements and responsibilities of an operator, and resolve to adopt a more serious and respectful attitude to compliance in the future.”