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Fines down on appeal
Page 30
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• A driver employed by John James Express, who was fined 2800 for falsifying a tachograph record and other offences, has had his fines reduced to 2590 following an appeal to Birmingham Crown Court.
Barry Mills had previously been fined 2300 for making a false record, 2200 on each of two offences of taking insufficient daily rest, and 2100 for failing to return tachograph charts to his employer within 21 days, with 235 costs.
For the prosecution, Giles Harrison-Hall said that Mills' vehicles was stopped on the M6 at Perry Barr last June. The tachograph clock was found to be 12 hours slow. An examination of his charts re vealed that on 11/12 June a chart had been removed from the tachograph when the vehicle was travelling at 38knih. The odometer reading entered by Mills indicated that the vehicle had travelled 6711cm while the distance trace showed 624km. On the same day Mills had been on duty from 00:00hrs to 19:00hrs. It was not possible to say how long he had been in charge of the vehicle as the chart had been removed. On 9 June he had started work at 07:22hrs and remained with the vehicle until 01:30hrs the next day.
Mills said that his take home pay was 2200 a week. He had been on the road for 25 years and had no previous convictions. There had been no financial gain to himself; he had broken the law to keep cus tomers happy. He was given delivery times which he had to adhere to, he had been trying to do a job of work to the best of his ability, and had occasionally broken the law.
Reducing the false-record fine to 2250 and those for the daily rest offences to 2120, Judge May said that he considered the level of fine to be a little too high considering Mills' previous good record.