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Firm's ignorance equates to culpability, says coin

17th October 2002
Page 26
Page 26, 17th October 2002 — Firm's ignorance equates to culpability, says coin
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A Hertfordshire-based chemical firm has been fined more than £1,000 for allowing two of its drivers to exceed their hours and take insufficient weekly rest.

When Zenith Chemical Systems of Welham Green appeared before the Manchester city magistrates it pleaded guilty to five offences of permitting two drivers from its Manchester depot, Raymond Howard and Terence Browne, to exceed 4.5 hours' driving without the required break and two offences of permitting them to take insufficient weekly rest.

Prosecuting for the Vehicle Inspectorate, John Heaton said that the offences came to light following an examination of tachograph

charts at the Manchester depot. If the company had shut its eyes to the obvious and neglected matters, as was the case here, it amounted to permitting the offences by the drivers, said Heaton.

Depot manager Philip Higgins had said he had checked the charts visually, but he accepted it was not an adequate system.

Heaton pointed out that the regulations were designed to protect the public from the danger of HGVs being driven by tired drivers and to create a level commercial playing field.

Richard Black, appearing for the company, said the offences had happened because the depot manager lacked managerial experience. Although it was not strictly necessary for a restricted 0-licence, Higgins was now going to take a CPC course.

Tachograph charts were now sent fOr outside analysis and Hi -Rs also made random checks.

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Browne had been dismissed after he was stopped in Carlisle without a chart ir tachograph, Black added.

The combination of Browne's dism and this prosecution had left the other vers in no doubt that the company took issue seriously.

Fining the company £1,050 with costs, the magistrates said they 1, pleased to note the steps taken to re matters.

Fining Howard £190 with £10 costs, Browne 1410 with £70 costs, the in trates said they felt that Howard had mitted his offences when he had not t with the company long and his training not been as good as it might have b Browne was a more experienced driver had less excuse.


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