Driver's record summonses withdrawn
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SUMMONSES against Latham Transporters Ltd, 48 Queens Road, Coventry, alleging failure to cause records to be kept, and aiding and abetting a driver in failing to deliver records, were withdrawn by the police before Yorks magistrates on April 4.
One of the company's vehicles had been stopped on the Tadcaster to York Road at Bilborough on December 9 and when the driver's records book was examined both the top and duplicate copies were still in the book from November 23.
The company was pleading not guilty on the grounds that: (one) there was no evidence to show that the records had been incorrectly kept on specific dates; (two) the dates for the alleged aiding and abetting were incorrect and there was no evidence that reasonable steps had not been taken to ensure delivery.
When Mr J. Lawton, defending, pleaded not guilty on behalf of the company a police inspector said he had no witness in court and asked and was given permission to withdraw the summonses.
Mr Lawton told CM afterwards that there was a gap in the law on the question of delivery of records. The Driver's Hours (Keeping of Records) Regulations 1970 Regulation 5 (8) imposed a duty on the driver to hand in records but not on the employer to ensure this. His only obligation was to check them within seven days of their handing in.
Evidence was to be given that Latham Transporters issue specific instructions to the drivers regarding the handing in of records.