IBC firm caught ly hours ruling
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2.1VERS at one of the .6°11,11 Bus Company's • eatened subsidiaries (see have been given 14 days appeal against a drivers' ars ruling.
The High Court ruled that
• e drivers employed by osville Motor Services 're not entitled to take the luced amount of daily rest
• drivers of double manned iches where four coaches re travelling in convoy and fifth driver acted as relief ivcr.
The five drivers, Robert iclair, Brian Boyd, George arren, James Johnson and tineth Burke had been eared by the Chester igistrates of failing to take a ily rest period of nine hours len they drove the coaches a trip to the FA Cup Final. For the drivers. Andrew Moran said the European regulations are "woolly and inexact" and English law meant it has to be interpreted in favour of the defendants.
1 le argued that the definition of "driver" in the EEC regulations as "any person who drives the vehicle for a short period or who is carried in the vehicle in order to be available for driving if necessary" does not preclude Crosville's arrangements.
In effect, the preamble to drivers' hours regulation 543/69 suggest that an undertaking is free to choose what arrangements to make and is not stuck with the requirement to have two drivers on each coach.
If would mean that two drivers must be on the vehicle, one sitting like a statue while the other drives. Floating relief drivers have been used widely in convoys of coaches. It would be a great shock if this were illegal.
Allowing the appeals made on behalf of the North Western Traffic Commissioners, Mr Justice Skinner said it was necessary to look at the regulations' purpose.
The construction being suggested would drive a "coach and horses" through the intention of the legislation. The regulations demanded that two drivers must• be on board the coach so long as it is in motion.
The court refused leave to appeal to the Flouse of Lords but they certified that it was a matter of public importance. That gives the defendants 14 days to apply to the House of Lords for leave to appeal.