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Big fine for hours conspiracy
Page 10
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• Anthony Myers, director transport manager of BJ Haulage, trading as Myers Transport, of Purfleet, has been fined ,E9,000 with ,C1,000 costs after he admitted conspiring with drivers to break the hours regulations.
Prosecuting, Anthony Abell told Basildon Crown Court that Myers had been responsible for the scheduling of the drivers' work. The tachograph charts were sent out to a tachograph analysis bureau which reported any infringements.
In his role as transport manager Myers had a duty to notify the drivers of any such infringements and take the appropriate disciplinary action. However, when interviewed by the police Myers had admitted that he never checked the charts, never pointed out any offences to drivers, and did not have a disciplinary procedure.
The bonus pay scheme operated by the firm since 1985 was illegal, said Abell. He pointed out that it could be a huge incentive to drivers to work excessive hours. He estimated that in a two-month period the firm's drivers had committed some 300 hours and rest offences.
Defending, Mark Laprell said that it had been difficult for the firm to find good and reliable drivers, and Myers had been reluctant to do anything about the offences for fear of losing good drivers. It was not a case of Myers forcing the drivers to go over the hours limits by issuing them with "missions impossible-.
Myers, Judge Jonathan Clegg said that he took a serious view of the case, owing to the obvious dangers of large vehicles being driven by overtired drivers.
He accepted that Myers had not sent out his drivers on impossible missions and rather thought the drivers had been serving their own ends.
However, that had been encouraged by Myers because he had done nothing about it. He had done nothing to guard against an obvious risk.