B's Driver obeyed employer
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• A Kent lorry driver, who admitted falsi fying a tachograph record and taking insufficient weekly rest, told Macclesfield Magistrates that the unwritten rule when working for Dutch haulier De Rooy's Transport was that you did as you were told.
Paul White, of Sittingbourne, was fined a total of £200 and ordered to pay £75 prosecution costs.
Prosecuting for the Vehicle Inspectorate, John Heaton said that a car transporter loaded with three vehicles being driven by White was stopped at a check at Knutsford on 26 April, 1997. White told a traffic examiner that he was employed by GM De Rooy and ZNN International Transport Belgie. An examination of his tachograph charts revealed that he had been driving for seven consecutive days without taking the required weekly rest period.
There was a discrepancy of 159km on the chart for 21 April, which purported to finish in Birmingham, while the chart for the following day started at Preston. White had admitted finishing in Preston on the 21st, saying that he had entered the wrong finishing point to cover his timesheets.
When asked who checked the timesheets, he had replied that everything was sent to Holland.
The main purpose of the drivers' hours and tachograph regulations was safety related, said Heaton, to protect the public from the dangers of over-tired drivers behind the wheels of heavy vehicles. The regulations were there to create a level commercial playing field for all operators and to inhibit the exploitation of drivers by asking them to work too long.
White said that he had received a call from a Mr Van lout of GM De Rooy on 25 April asking him to drive. He had said that he was out of time but the unwritten rule working for De Rooy was that you did what you were told. The pay was very good, exceptional he would say, but you had to make a choice. As far as the false record was concerned, he had no excuse. The mileage had been put on the next day's chart. If you were told to do a job you did whatever you were told. On that occasion he had stopped and parked up and left early the next day. De Rooy's expected at least 6501cm per day.