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Chart gave wrong story

11th November 1999
Page 19
Page 19, 11th November 1999 — Chart gave wrong story
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An attempt to hide two hours offences cost a driver employed by Newton Stewartbased Martin Jolly £375 in fines and costs at South Ribble magistrates' court. Gordon Cloy, of Dumfries, pleaded guilty to falsifying a tachograph record, exceeding the daily driving limit and driving for more than 4.5 hours without taking the required 45-minute break.

Prosecuting for the Vehicle Inspectorate, John Heaton said Cloy's six-axle artic, which was carrying milk to Wigan, was directed off the M6 to a VI check site by the police at 22:50hrs on 10 February.

However, the tachograph clock was set at 07:50hrs and the chart was dated 11 February, nine hours ahead of the true time. There was almost exactly 10 hours' driving on the chart dated 10 February and Cloy was 54 minutes over the 10-hour driving limit.

That type of falsification was particularly difficult to spot unless the driver was caught as he was creating a false record, said Heaton.

The two charts taken together gave the impression that Cloy had had a daily rest period starting immediately after the 10 hours driving, whereas he had not. Cloy had committed the 4.5-hour driving offence earlier in the day, driving for six hours without taking the appropriate breaks.

For Cloy, Matthew Evans said the three offences had arisen out of a single misdemeanour. The cause was the commercial pressures hauliers were under to meet deadlines, which were passed on to the drivers.

The magistrates fined Cloy £300 and ordered him to pay £75 costs.


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