M-way exemption rejected
Page 17
If you've noticed an error in this article please click here to report it so we can fix it.
The suggestion that vehicles carrying to motorway sites are exempt from the EC tachograph regulations because they are working on highway maintenance, has been rejected by a Crown Court judge.
The argument arose when the transport manager of Settlebased Floyd Schofield Haulage, and five of the firm's drivers, appeared at Bradford Crown Court accused of falsifying tacho charts (CM 23-19 June). The h-ial will now take place as soon as possible.
Transport manager Roger Moran, of Towhead Lane, Austwick, pleaded not guilty to four counts of falsifying charts and 11 counts of aiding, abetting, counselling and procuring drivers to falsify charts.
The defence argued that it was unfair to allow the case to proceed to trial because of the length of time the prosecution had taken to bring the proceedings.
The defendants would have diffi culty recalling journeys undertaken so long ago.
Judge Simon Grenfell agreed that Article Four, paragraph six of EC Regulation 3820/85 creates an exemption: "Vehicles used in connection with the sewerage, flood protection, water, gas and electricity services, highway maintenance and control." But the judge felt that the suggestion that any vehicle transporting stone from a quarry to a site of highway maintenance, no matter over what distance, was a vehicle used in connection with highway maintenance would be far too wide an interpretation of the wording of Article Four.