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Failure to show chart was obstruction of VI

4th December 1997
Page 23
Page 23, 4th December 1997 — Failure to show chart was obstruction of VI
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Which of the following most accurately describes the problem?

• A driver who failed to produce the tachograph chart for his current day's duly has been found guilty of obstructing a traffic examiner by Leicester City magistrates.

Prosecuting for the Vehicle Inspectorate, John Hodgson said that when Wilson Hugh Robertson was stopped in a check while driving a vehicle belonging to Arbroath haulier George Bygate Transport, he was unable to produce the chart. However, he did produce charts for the remainder of that week and for the last day of the preceding week. The charts that were produced revealed a number of offences.

Robertson denied obstructing the traffic examiner but pleaded guilty to three offences of taking insufficient daily rest and one of driving for more than 4.5 hours without taking the required 45 minutes break.

Defending, John Backhouse said the sub-section of the act under which Robertson had been charged had never been brought into force. However. Hodgson argued that the legal textbook Stones Justices Manual appeared to indicate that it had been.

Convicting Robertson, the magistrates indicated that it was open for the defence to apply to have their decision set aside if it could show that the provision concerned had not in fact been brought into force.

The magistrates fined Robertson £75 for obstructing the traffic examiner and a total of £270 for the daily rest offences with no separate penalty in relation to the 4.5-hour driving offence.

Robertson is to appeal to the Crown Court.


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