Right of entry J am writing about the article by Dr
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Nigel Kirkwood "Charting your way through the law" (GM 28 Sept-4 Oct).
The article is misleading in two areas. Dealing with the law, my view differs somewhat to that of Dr. Kirkwood. Article 15 of Regulation 3821/85 states "whenever requested by an authorised inspecting officer to do so, the driver must be able to produce record sheets for the current week, and in any case for the last day of the previous week on which he drove". The article provides for a minimum number of records to be produced and not a maximum, as tendered by Dr Kirkwood. Secondly, I fail to see how Dr Kirkwood can restrict the records available to enforcement officers under section 99(2) of the Transport Act l968, which slates: "An officer may at any dine enter any vehicle to which this part of the Act applies and inspect and copy any record on the vehicle which has been produced by means of that equipment." Again in my view, tachograph records held on the vehicle are permitted to be inspected. The legislation clearly says "...inspect and copy any record on the vehicle which has been produced by means of that equipment". No reference is made permitting inspection of only the minimum number of charts that the driver is required to be able to produce.
If a driver is operating within the 1.7.3 Drivers' I lours regulations then, no matter how many charts are examined at the roadside, the driver has nothing to fear. A lack of openness can only draw the suspicion of enforcement officers and is likely to encourage a more detailed review of the company at a Later date.
This type of article leads to further misunderstanding between the transport industry and enforcement officers. Both sides strive to comply with all the regulations in an open and honest way, and what is required is a genuine effort by the majority to deal with the persistent offenders who jeopardise the safety of all.
J Becker,
Kesgrove, ur Ipswich.
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