Police to bar Barr's?
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by Grant Prior • Police in Strathclyde are bringing a test case against 160 delivery drivers which could end the van drivers' current exemption from tachograph laws.
Drivers at soft drinks firm, Barr, deliver and sell brands like Irn Bru and Tizer across Scotland.
The firm has been taken to court several times after police discovered drivers working without their tachographs on.
The latest case was dismissed by Paisley Sheriffs in November last year. Police claims that Barr drivers are required by law to use their tachos was thrown out. Police are now set to appeal.
Barr drivers were granted exemption from tachograph rules because their 12.5 20 tonne vans are classed as specially-fitted vehicles for delivery.
"Under National Exemption 18, a vehicle is exempt when it is specially fitted for deliveries like a bread van with its racks, or a fishmonger's with a marble slab," says transport lawyer, Jonathan Lawton. Strathclyde police will now be arguing that the soft drinks vans are not specially equipped.
But Barr distribution manager, John Leitch says: "We are not flouting the law. All our vehicles are fitted with tachographs and the confusion arises when the police see them not being used."
A police spokesman says: "This case will centre on whether the vehicles are specially adapted. This has been a long running thing and we are looking to settle it once and for all."