COURT APPEARANCE HELPS
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by Miles Brignall
Hauliers charged with carrying unsecured loads could avoid endorsements on their driving licence by appearing in court in person, says a specialist transport lawyer. If haulage bosses were not directly involved in securing the load then courts might not impose penalty points.
The advice comes after Bristol-based Frank Robbins Transport appeared before magistrates in Burton on Trent on 28 July. Joint owner Richard Robbins faced a possible endorsement to his licence after one of his drivers, Robert Edwards, lost a pallet on the A38 near Branston, Staffs in April. Edwards phoned the police to report the loss and was told the matter wouldn't be taken any further.
Two months later, both Edwards and Robbins received summons and were facing three endorsement points. But when he appeared in court Robbins argued that he had "no reason to suspect an offence was being committed" as he had not been involved in the loading of the truck.
Transport solicitor Anton Balkitis of Nottingham-based Rotheras says hauliers face possible endorsements if they are not a limited company. "But if a legal argument is successfully put forward, it is possible to avoid endorsements for this type of offence."
Although Robbins was fined £300 with £25 costs, he escaped having his licence endorsed. The case against the driver was dropped after the magistrates decided it was an abuse of the procedural process to have brought it to court. J See Consignor Liability feature, page 38.