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Hauliers' fees paid from public funds
Page 20
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MI Salford Magistrates ordered that the defence costs of P R Excavation Haulage be paid out of public funds, after they dismissed a series of alleged offences arising out of the use of a site vehicle on a public road. The prosecution failed to prove that the driver was an employee of the company.
The Manchester-based company denied a series of charges, including using a vehicle without an Operator's Licence; without insurance; with dangerous parts; failing to ensure that the tachograph was working properly; and causing and permitting a driver to drive the vehicle without an HGV licence. The court heard that the vehicle was stopped by the police and 20 defects were discovered when it was examined by a Department of Transport vehicle examiner.
The driver, John O'Rourke denied being an employee of the company. John Backhouse, defending, argued that the prosecution had failed to establish that the vehicle was being used on a public road by an employee while on the company's business at the time of the alleged offences.
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