Tachos go to market
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• Tradesmen who use vehicles to transport goods from wholesale markets to their business premises are breaking the law if they do not use tachographs, two High Court judges ruled this week.
Lord Justice May and Mr Justice Ian Kennedy said that a West Midlands trader, who only drove a short distance each day to pick up fruit and vegetables, was legally bound to use a tachograph.
They allowed a prosecution appeal against a Birmingham magistrate's decision in January to acquit self-employed market trader John Aston of two offences of failing to use a tachograph.
Aston, who runs a stall at the indoor market in Dudley High Street, denied contravening the 1968 Transport Act as amended by the 1984 Passenger and Goods Vehicles (Recording Equipment) Regulations; EEC regulation 3821/85; and the 1986 Community hours and recording regulations. The magistrates agreed with him — but not the judges.
The judgement hinged on the use of the word "material". Kennedy said the exemptions applied to someone whose main activity was not driving, whose vehicle did not exceed a maximum weight of 7.5 tonnes and operated within a 50km radius of its home base. Aston passed all these strictures, but failed on the clause stating that the vehicle had to be carrying material or equipment for use in the driver's own work.
The judges found it impossible to believe that the articles carried by Aston for sale in his stall could be deemed "material" or "equipment". Lord Justice May wondered whether the use of the word "material" in the translation of the EEC regulations limited the exemptions more than was intended.