Hours convictions quashed
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• Convictions against haulage contractors Cawthorn and Sinclair Ltd., of Birtley, Co. Durham, on three offences of permitting their drivers to drive too many hours were quashed in the Queen's Bench Divisional Court on Monday.
The company, which has a fleet of 143 goods vehicles and employs 185 drivers, was convicted by Chester-le-Street magistrates on July 18 1967, and fined £15.
Lord. Parker (the Lord Chief Justice) sitting with Lord Justice Edmund Davies and Mr. Justice Blain, said there was no evidence that the company had any knowledge that their drivers were driving longer hours than the law allowed and changing their record sheets to comply with lawful hours.
The magistrates found there was imputed knowledge because the company had been convicted of similar offences committed earlier and must therefore have been "shutting their eyes to the obvious."
The present offences arose because the depot at Birtley was not manned between 10.30 p.m. and 7 a.m. and there was nobody to check what time drivers arrived back from their journeys.
"If the earlier offences had related to the Birtley depot any failure to man the place might well be construed as shutting one's eyes to the obvious," said Lord Parker.
Bet the earlier offences related to journeys which did not end at Birtley and there could be no suggestion that any knowledge of the situation at that depot could be imputed to the company, added the judge.
The company was awarded costs.
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