Suite surrender
Page 18
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• Fines and costs of £4.144 have been imposed on two hauliers and three drivers in related cases brought by the police and the North Western traffic area before the Stockton Heath and Widnes magistrates.
At Stockton Heath, Great Sankey haulier Alan Murty admitted five offences of causing drivers to make false records, permitting a driver to take insufficient rest, seven offences of making false tachograph records and one offence of failing to complete the centre field of a chart. He was fined £1,790 plus £544 costs.
FALSE RECORDS
Widnes haulier Graham Marshall admitted four offences of making false records. He was fined £400 with £220 costs. Driver Michael Willington admitted two offences of making false records. He was fined £100 plus £30 costs. Driver Fred Sumner admitted eight offences of making false records and one hours offence. He was fined £900 plus £30 costs. At Widnes, Marshall admitted four offences of making a false record, three hours offences, failing to give the correct name and address to a police officer and aiding and abetting a driver to produce a driving licence and an HGV driving licence with intent to deceive. He was given a conditional discharge for two years in relation to the hours and records offences and fined 290 in respect of the remainder. The driver David McIlravey was fined £40.
FALSE NAME
For the prosecution it was said that when a vehicle driven by Marshall was stopped by the police he had given Mcllravey's name and address. The tachograph chart was in the name of McIlvarey. Marshall who was doing work for Murty and the drivers had entered false names on charts to cover up working excessive hours delivering three piece suites. As the employer Murty should have been able to spot when a false name had been used. It should also have been obvious that Sumner had worked 40 days without taking the required weekly rest. In a statement Willington said that Murty had said that if he was stuck for hours he could put his name on the charts.
INDUCEMENT
Defending John Backhouse said it was multiple drop work and the method of payment was a price for each suite delivered. There was some inducement from the nature of the work to try and get all the suites delivered. Murty disputed what Willington had said in his statement.
Marshall had originally been employed as a driver until he established his own business as an owner driver in December 1985. His financial position was not good and the basic reason for the offences was the need to earn money and pay his way.