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Stobart driver fined €145 TAKING INSUFFICIENT daily rest has cost

22nd January 2004
Page 32
Page 32, 22nd January 2004 — Stobart driver fined €145 TAKING INSUFFICIENT daily rest has cost
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a Warrington lorry driver working for Belgian-based Eddie Stobart International £145 in fines and costs. Ian Baguley admitted two rest offences when he appeared before the Leyland magistrates.

John Heaton,prosecuting for Vehicle and Operator Services Agency (VOSA), said the offences came to light after Baguley's 40-tonne artic was stopped in a check at Cuerden on 4 September.

Tachograph charts produced showed that on 31 August he had driven for about two hours after he should have begun his daily rest.

The company's operations manager, Lee Durose. said Baguley had 29 hours off between driving on the two charts.

In relation to the second offence, Baguley had four hours off in the middle of day and the company had believed he was entitled to a split rest. Durose said the split daily rest provisions were a grey area and the company had originally believed that Baguley had not committed an offence.

Replying for VOSA, Heaton said split rest was not a grey area. Some areas of interpretation of the drivers' hours rules could be said to be uncertain, but this was not one of them.The split rest had to be taken in two or three separate periods during the 24 hours. It was not acceptable to take the rest within a 26-hour period as had happened in this case. The regulation was plain.

The magistrates fined Baguley £75 with £70 costs.


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