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BD guilty at retrial
Page 12
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• by Pete Swingler The chilled distribution arm of Express Dairies has been found guilty of 29 offences of permitting drivers to miss the required rest breaks.
Blakes Distribution, which now trades as Express Chilled Distribution (ECD), was cleared of the offences at a trial last year but the Vehicle Inspectorate appealed against that decision on the basis that the magistrates had made a legal error. The High Court ruled that the trials should be heard again in front of the Nuneaton magistrates, At the latest hearing the magistrates found MD guilty on all 29 charges but imposed no penalty apart from 1150 costs.
Helen Bradin, prosecuting for the VI, told Nuneaton magistrates that an investigation revealed 168,000 miles were missing from ECD trucks' tachograph records for one month alone. She said 11 of the firm's drivers had been dealt with at a previous hearing after admitting numerous charges of failing to take the required rest periods. They had exceeded 4Y, hours driving without a break, putting themselves and other road users at risk.
Bradin reminded the magistrates of the current government "Think—Don't Drive Tired' campaign and accused the firm of "shutting its eyes" to the drivers doing excessive hours.
The magistrates heard that a new checking system on drivers had now been introduced.
At last year's trial the ED had admitted 227 charges of failing to produce tachograph records and had asked for 217 similar charges to be considered. it was fined 172,640 with £9,000 costs by Atherstone & Coleshill Magistrates for 444 offences.