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Pryce of failure
Page 20
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• Wellingtonbased HW Pryce & Sons has been convicted by Telford magistrates, of 21 offences of permitting drivers to exceed the hours limits and take insufficient rest.
The company denied 11 offences of failing to ensure that drivers made entries in tachograph charts. The drivers admitted various hours offences but denied failing to make entries. Managing director Harold Pryce also denied three such offences.
Prosecuting, Patrick McKnight said the bone of contention was whether or not Pryce and the drivers had been acting in the course of their employment — and therefore had to keep a record on the back of their tachograph charts — when travelling to or from vehicles.
Pryce had gone by car to relieve the drivers and they had returned to Telford in the car. McKnight said that clearly they were not free agents while driving the car and it could not be claimed as part of the rest period.
The company did not know that hours offences were being committed, but it ought to have known, he said.
Defending, Geoffrey Davies said it was nonsensical to suggest Pryce should record what he had done in the office before he started driving. Drivers were not obliged to return to Telford so the travelling time back to Telford should be treated as rest.
The magistrates found the drivers not guilty of failing to make entries but Pryce guilty. The company admitted six offences of failing to ensure drivers made entries, was cleared of two such offences and was found guilty of a further three.
The drivers were ordered to pay fines and costs between £35 and £390. Pryce was fined £120, with £100 costs, and the company £2,640, with £150 costs.