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No-show hours offender wins on fine but loses on costs
Page 34
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AN OWNER-DRIVER who failed to appear in court to answer charges of taking insufficient daily rest has persuaded the Harlow magistrates to reduce the fine they imposed in his absence.
The magistrates refused to reopen the case in which David Mascot of Luton had been convicted of taking insufficient weekly rest but cut the original fine of MO to £270.
However, they increased the order for payment of prosecution costs from £125 to £200.
Anthony Ostrin, prosecuting for VOSA, told the court that there was clear evidence to substantiate the conviction that had been previously recorded against Mascot.
The evidence showed that he had driven for 10 daily driving periods without taking a weekly rest: the regulations clearly stated that a driver must take a weekly rest period after no more than six daily driving periods or the sixth day. Mascot's tachograph charts clearly indicated that he had driven for 10 days and had omitted to take a weekly rest period.