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No care for regulations

10th February 2005
Page 31
Page 31, 10th February 2005 — No care for regulations
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Which of the following most accurately describes the problem?

Long-distance operator and four of his drivers are fined nearly £13,000 for working excessively long shifts.

A LONG-DISTANCE operator which allowed drivers to work shifts lasting more than 19 hours has paid the price for breaches of the hours regulations.

Liverpool-based EMH International, its transport manager and four drivers have been ordered to pay a total of £12,750 in fines and costs by Liverpool magistrates.

The company and transport manager David Swift each pleaded guilty to six offences of permitting drivers to exceed an 11-hour working clay.Three of the drivers,Terence Rose, Francis Shannon and Carl Leather, each pleaded guilty to one offence of exceeding the working day. The fourth driver John Nugent, pleaded guilty to a weekly rest offence.

Stephen Rodgers, prosecuting for VOSA, said Nugent was driving an HGV but the other three were driving 3.5-tonne panel vans delivering kitchen products, The offences were apparent from the logs and worksheets kept by the drivers on Swift's instructions.

Administrative shambles

It was clear, he added, that the company had sent the drivers to the other end of the country with no regard for the regulations.

There were examples of driving of up to 19.5 hours on duty. Even to someone who did not know the precise rules it must have been apparent that these drivers were driving far too long.

The company's MD had not wanted to answer questions and Swift had indicated that he was unaware of the domestic regulations even though he was the transport manager.

Kelly Monaghan,appearing for the company and Swift, said EMH had lost two transport managers within three months. The administrative system had been a shambles when Swift was appointed and his priority had been to regain some kind of order.

The offences had all been committed in October and November 2003 and there had been no problems since then. Long-distance work was now subcontracted out.

For the drivers it was said that there had been no financial advantage involved in the offences; they had simply been ignorant of the rules. Nugent's weekly rest offence had been committed when he was loading over a weekend: he was asked to return on the Sunday as his vehicle was not ready for loading on the Saturday.

The company was fined £9,000 with £1,500 costs; Swift was fined £1,500 with £150 costs; each of the drivers was fined £300, with £150 costs. is


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