Lanes haulier lacked licence
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• Fines totalling £431 with £50 costs were imposed on a Lancashire road haulage firm, N. and J. Walls of 197 Lady's Lane, Hindley, nr Wigan, and two of its drivers by Widnes court this week.
In a joint prosecution by the police and the DoE, Norman Walls and John Walls, partners in the firm, each faced charges of the unauthorized use of goods vehicles (10 charges); employing drivers without hgv driving licences (2); causing false entries to be made in drivers' records (2); employing an unlicensed driver; permitting a disqualified driver to drive; using a vehicle without insurance and without a test certificate; permitting driving for more than 11 hours (2); failing to maintain a drivers' register; using a vehicle with defective tyres (2); and with defective lighting (2).
The driver, Thomas Doherty, pleaded guilty to driving without an hgv licence; making a false entry in his records; driving excessive hours; and with a defective tyre.
The second driver, Ronald Cox, pleaded guilty to driving without an hgv licence; making false entries (2); excessive hours; and defective lighting.
A third driver, Frank Harrison, charged with driving while disqualified and while under a suspended prison sentence, applied for legal aid and his case was adjourned until April 6.
Pleading not guilty on behalf of the partners to charges brought by the police for unauthorized use of goods vehicles and defective tyres Mr J. A. Backhouse, defending, contended that four vehicles not specified on the firm's 0 licence were replacement vehicles for which application had been made to substitute them for specified vehicles on July 1 last year although it had not been received by the North Western Licensing Authority until July 8. As the charges related to July 5 and 6 the offences were only technical.
Mr J. S. Lawton, prosecuting, replied that the grant of application was at all times within the discretion of the LA and he was not there to delete or add vehicles and no one could assume he would do so. The firm should have waited for a decision before using the vehicles.
Mr Backhouse contended that the police had failed to prove its case on the defective tyre charges under Section 83 of regulations referred to. In the information there must be evidence of proper measurement of the tread.
The defendants pleaded guilty to the remaining summonses and Mr Lawton pointed out the driving licence regulations and hours and records regulations were made in the interest of public safety and breaches of this sort were a serious matter.
The magistrates found all the charges proved and fined Norman Walls a total of £178 with £20 costs, John Walls £172 with £20 costs, Thomas Doherty £44 with £5 costs and Ronald Cox £37 with £5 costs.
A submission by Mr Backhouse that there were special reasons for not endorsing the ordinary driving licences of Norman and John Walls as they could not have been aware of the defective tyres and had acted in good faith when employing an 0 licence driver, was not accepted. Both men had two endorsements on their licences.