90 HGV Overspeed Warnings in 28 Days: What Haulage Operators Must Learn
A lorry recorded 90 overspeed warnings in 28 days. A subsequent regulatory case involving the operator ended with its Operator Licence being revoked.
The case involving Horticultural Distribution Ltd, a haulage business based near Glasgow, is a stark reminder that compliance systems must do more than generate reports. Operators need to identify problems, investigate them and demonstrate what they did in response.
Following a public inquiry on 2 June 2026, the Traffic Commissioner for Scotland revoked the company’s licence, which authorised five vehicles and 10 trailers. The decision was published by the Traffic Commissioners on 17 September 2026.
The overspeed warnings were only one part of a much wider set of compliance concerns. But they provide a particularly useful example of why monitoring data must lead to meaningful action.
What happened with the 90 overspeed warnings?
On 5 April 2025, a lorry operated by Horticultural Distribution Ltd was stopped by a DVSA vehicle examiner at Todhills, near Carlisle.
The inspection identified a speed limiter that was not restricting the vehicle to its legal maximum speed. An engine malfunction warning light was also illuminated, indicating a potential emissions-related fault.
An immediate prohibition was issued because of the speed limiter defect.
Investigators subsequently established that the vehicle’s tachograph had recorded 90 overspeed warnings during the preceding 28 days. The same driver, Michael James Adam, was driving on 76 of those occasions.
The investigation also found that the driver’s Driver CPC card had expired. He received a £200 fixed penalty.
The examiner suspected that the speed limiter might have been deliberately altered through collusion between the driver and a mechanic. However, the Traffic Commissioner expressly stated that he found no evidence of collusion in the material before him.
That distinction is important. The case raises serious questions about speed control and management, but the alleged collusion should not be presented as an established fact.
The central lesson is that repeated warnings should prompt investigation. In this case, the subsequent roadside inspection identified a defect in the equipment intended to control the vehicle’s maximum speed.
What should a Transport Manager do when overspeed warnings appear?
An overspeed report should not simply be downloaded, filed and forgotten.
An effective management process needs to establish what the data means, whether it indicates a genuine risk and what action is required.
1. Review the warnings promptly
Identify the vehicle, driver, date and time of each event. Check the available tachograph or telematics data and establish what type of warning has been recorded.
Different systems may use different thresholds and reporting methods. Understand what the report actually shows before drawing conclusions.
2. Look for patterns
A single warning may warrant investigation. Repeated warnings involving the same driver or vehicle deserve closer attention.
In this case, 90 warnings in 28 days should prompt a straightforward question: was the pattern being identified and investigated through the operator’s normal management systems?
Consider:
Are the warnings concentrated around a particular driver or vehicle?
Have similar warnings appeared in previous reports?
Is there any indication of a vehicle defect or problem with the speed limiter?
Have previous interventions been effective?
Is further technical investigation needed?
The objective is to establish what happened, not to assume that every alert has the same cause.
3. Investigate and record the outcome
Where a pattern warrants investigation, speak to the driver, review the available evidence and investigate any potential technical issue.
Keep a record of the concern, the investigation, the findings, the action taken and any follow-up required.
A useful compliance record should show what happened after the warning was identified. A report demonstrating that an alert existed is not the same as evidence that the operator dealt with it.
4. Take appropriate corrective action
Where the evidence identifies a problem, act promptly and proportionately.
Depending on the circumstances, this could involve driver instruction, further training, formal disciplinary action, a maintenance investigation or additional vehicle checks.
If a defect affecting roadworthiness or legal speed control is suspected, the operator must ensure the vehicle is dealt with appropriately before it continues in service.
This is not simply a matter of completing an administrative task. It is about managing the risk to the driver, the business and other road users.
5. Check that the problem has been resolved
An investigation should not be closed merely because somebody has spoken to the driver or sent an email.
Review subsequent reports to see whether the issue has stopped. If the warnings continue, establish why the original action was ineffective and whether the problem points to a wider weakness in the management system.
This is where routine monitoring becomes effective transport management.
Overspeed warnings were not the only problem
The case against Horticultural Distribution Ltd involved a much broader range of compliance concerns.
A second lorry received a prohibition notice at Todhills on 27 August 2025 because of braking system defects. Another company vehicle had been prohibited at Cuerden Weighbridge earlier that month because of an insecure load.
Further investigations identified concerns involving maintenance records, brake testing, driver monitoring and the use of an unauthorised operating centre.
A traffic examiner also identified three alleged drivers’ hours breaches involving company director Jamie Ryan Sims. These included an occasion when he took only five hours and 54 minutes of rest, against the nine-hour minimum applicable in the circumstances.
A compliance systems check in January 2026 was described by the examiner as highly unsatisfactory.
Taken together, these findings illustrate why compliance cannot be managed as a collection of disconnected tasks.
Vehicle maintenance, drivers’ hours, driver licensing, speed compliance, operating-centre authorisation and Transport Manager oversight all need effective systems, clear responsibilities and appropriate follow-up.
For more on the wider responsibilities involved, see our article [What Are the Duties and Responsibilities of a Transport Manager?] and our practical guide [What Does a Transport Manager Need to Do Every Month?].
Why was the Operator Licence revoked?
The Traffic Commissioner considered the evidence as a whole, including prohibition notices, maintenance shortcomings, drivers’ hours concerns, the use of an unauthorised operating centre and the operator’s wider compliance history.
Neither the director nor the current and former Transport Managers attended the public inquiry, although written representations had been submitted by the director and former Transport Manager.
The director had asked to surrender the licence, referring to difficult personal circumstances that had affected his ability to manage the business. The Commissioner refused to treat surrender as a substitute for considering the regulatory concerns and proceeded with the inquiry.
The Commissioner concluded that the regulatory failings, the absence of sufficient means to ensure future compliance and the offences committed by the sole director meant that the operator had to be removed from the industry.
The licence was revoked with effect from 23:45 on 2 June 2026.
There were consequences for individuals as well as the business. The driver’s vocational entitlement was suspended for eight weeks, while the director received a 28-day suspension. The Commissioner found that former Transport Manager Lynn Sims had failed to exercise effective and continuous management; her repute was severely tarnished. Current Transport Manager Graeme Ferguson received a formal warning, and his repute was tarnished.
The case demonstrates that serious compliance failures can have consequences for operators, directors, drivers and Transport Managers. The precise findings and outcomes differ for each individual, so the formal decision should be consulted for the full details.
Could your operation demonstrate effective overspeed monitoring?
Every operator should be able to explain how speed-related warnings are reviewed, investigated and followed up.
Ask yourself:
Who reviews overspeed reports, and how frequently?
Are repeated warnings identified and escalated?
Are investigations and corrective actions recorded?
Are potential vehicle defects investigated and resolved appropriately?
Are drivers’ hours, driver licensing and maintenance monitored alongside speed?
Can you demonstrate that the process works, rather than simply showing that reports are produced?
If your current process consists of downloading reports and filing them, it is worth reviewing whether it provides effective management oversight.
This is also an important question to consider when reviewing your wider Operator Licence systems. Our guides [What Happens During a Transport Compliance Audit?] and [Operator Compliance Audit: What Should You Check?] explain how a structured review can help identify weaknesses before they become more serious.
The aim is not to eliminate every alert without understanding it. It is to identify genuine risks, investigate them properly, take appropriate action and retain evidence of the response.
A warning is information. What matters is what the operator and Transport Manager do with it.
Road Haulage Compliance provides independent Transport Compliance Audits for road haulage operators. An audit can help assess whether your systems are working effectively, identify areas requiring attention and give you a clearer picture of your compliance arrangements.
Source: Traffic Commissioner’s decision concerning Horticultural Distribution Ltd, operator licence OM2059979, and Transport Managers Graeme Ferguson and Lynn Sims, published 17 September 2026. The decision records the findings following the public inquiry held on 2 June 2026.
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