Driver erred corn pa ny at fault
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EVEN though a transport company had no
knowledge that one of its drivers was making inaccurate records of his journeys, it was guilty of failing to keep proper records, held the Queen's Bench Divisional Court on Tuesday.
Grays (Essex) magistrates had dismissed summonses against Drapers Transport Ltd., on March 11 1966, alleging that on two days in September 1965, being the holders of a carrier's licence it failed to keep or cause to be kept current and accurate records showing times at which its employees started and finished work and the periods of rest breaks.
Lord Parker (the Lord Chief Justice), Lord Justice Salmon and Mr. Justice Widgery decided that the magistrates were wrong.
Lord Parker said that an employee of the company was clearly proved to have kept inaccurate records.
The magistrates found that it was not proved that the company knew of its driver's failure to keep accurate records.
"But this is an absolute offence," said Lord Parker. It was not necessary to prove that the employer knew, but merely that inaccurate records were kept.