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Driver wins an extra hearing

19th August 1999, Page 13
19th August 1999
Page 13
Page 13, 19th August 1999 — Driver wins an extra hearing
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Which of the following most accurately describes the problem?

a A haulier contesting a 1300 fine for exceeding his driving hours after being held up in roadworks, has won a small victory.

Lincolnshire-based Stephen McFarlane was not given the opportunity to record the reason for the 30-minute discrepancy on the back of his tachograph chart when a traffic examiner approached him at the M1 Woodall services ( CM24-30 June).

McFarlane pleaded guilty to Sheffield magistrates after, he claims, the Road Haulage Association advised him the offence was "absolute". When the conviction and fine were upheld, McFarlane appealed to the Crown Court According to McFarlane, the Crown Court judge said it was clear he should not have pleaded guilty and that there was "no such thing as an absolute offence". The case has been referred back to the magistrates.


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