How are breaches prosecuted?
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Kintore Transport Haulage was prosecuted by Bradford City Council and the matter was kept in the magistrates' court. Breaches of the regulations are usually prosecuted by the trading standards departments of local authorities and can be tried in either the local magistrates' court or the Crown Court.
In a magistrates' court the penalty is limited to £5,000 per offence and/or three months in prison, while both are unlimited in the Crown Court. As with other legislation, there may be personal responsibility—which means a prosecution can be brought against an individual as well as the company. This will be the case if the prosecuting authority can prove the offences were committed with consent or connivance or there was neglect on the part of the relevant individual.