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When a Salesman is a 'Driver'
Page 16
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1-1. A SALESMAN driving a goods van in the course of his employment was at that moment employed as the " driver " of the van. This was held by the Queen's Bench Divisional Court in a Road Traffic Act case last week.
The court dismissed, with costs. an appeal by Gross Cash Registers Ltd., of Brighton, against a deciston of the Brighton County Borough Justices on March 24. The firm had been fined £2 on a summons alleging that as holders of a carrier's licence in respect of a goods vehicle they failed to keep a current record of hours worked by an employee. Mr. R. Faulkner. while driving the van, and other particulars required by the Act.
Mr. Justice Ashworth, who sat with the Lord Chief Justice (Lord Parker) and Mr. Justice Widgery, said that Mr. Faulkner, one of 250 salesmen and managers employed by the firm, used a van supplied by the employers.
In fact, Mr. Faulkner had kept a record in the proper form for the vehicle for a number of days. Unfortunately, however, on September 3, 1964, the date mentioned in the summons, he had not completed the required statutory information.
The Act required a current record to be kept in the case of every person 'employed as a driver ", and for the firm it was contended that a person could not be employed as a driver unless that person was under a duty or obligation to his employer to drive.
" It is said that in the present case Mr. Faulkner could have carried out his duties as a salesman without using the authorized vehicle ", said the judge. "He could have used public transport, his own car, or gone on foot.
"The facts show that for the purpose of his employment as a salesman •Mr. Faulkner was provided with an authorized vehicle and in my judgment, insofar as he drove that vehicle in the course of his employment, he was at that moment employed as the driver of it." Lord Parker and Mr. Justice Widgery agreed.