Convictions quashed after four-year battle
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• Convictions have been set aside on all but three of the original allegations against the truck driver and his former employer whose case led to the European Court's ruling on how the 41/./: hour driving provision should be interpreted.
Driver James Huyton had appealed to Manchester Crown
Court, after Middleton Magistrates had convicted him of seven 4Y2 hour driving offences, for which he was fined £400 and ordered to pay £125 prosecution costs.
The convictions in relation to four of those offences were set aside, and the fines in respect of the other three were quashed and substituted with absolute discharges.
His former employer Ray Wilson of Appley Bridge had appealed against his convictions for permitting Huyton's offences, for which he was fined £365 with £125 costs. All those convictions were set aside.
For the two men, Joint Backhouse argued that a driver was entitled to decide when he took his 45-minute break in a 4/ hour driving period. He said that for Wilson to have permitted Huyton's offences, it had to be shown that he had guilty knowledge.
The law was anything but obvious at the time the offences were said to have been committed—almost four years ago.
In rejecting Huyton's appeals in relation to three of the convic
tions, Judge Simon Favvcus said the European Court judgement required the line to be drawn after 45 minutes' rest was _completed, even if in fact more rest was taken.