'Deliberate and calculated' breaches of the law
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• Sixty-four charges against a Yorkshire haulier and two of his drivers showed "a deliberate, calculated and cold-blooded attempt" to avoid the regulations governing the operation of goods vehicles, and covered the whole spectrum of offences that could be committed by a haulier.
This was said by Mr Michael Patterson, prosecuting for the Yorkshire LA before Ouse and Derwent magistrates at York on Monday.
Haulier Ernest Frank Coverdale, of Church View, Silver Street, Ricca11, near York. faced 25 charges of operating vehicles without an 0 licence; seven of failing to cause current drivers' records to be kept; two for failing to keep a current record; seven for operating vehicles without a test certificate; two of permitting drivers to drive without licences; two of operating vehicles without an excise licence; two of making a false declaration in order to obtain an excise licence: four of causing drivers to make false records; two of permitting drivers to exceed driving hours; and one of using a driver without a driving licence. Two drivers, Dennis Hartas and George Thomas Bogg, were also before the court. Hartas faced six charges of failing to keep current records and two for driving excessive hours; Bogg appeared on one charge of failing to keep a current record and one of driving while not the holder of an hgv licence.
Mr Patterson said the offences came to light following complaints from residents of Silver Street that lorries were coming and going all through the hours of darkness and were loaded and unloaded with engines running, by the light of the street lamps.
In a statement read to the court, Mr Kenneth Ronald Thompson, a driver, said he had driven excessive hours on Coverdale's instructions. In one instance his duty time was in excess of 24 hours; because of the hours worked he did not make out any records. When traffic examiners called to see the records he made out sheets for two months all at one time; they had no relation to the hours worked. After he had quit and abandoned a vehicle at York, because of the excessive hours, he was beaten up by Coverdale and another man.
Evidence was given by traffic examiners of silent checks on unlicensed vehicles and that on some dates when vehicles were checked there were no records.
Statements were read from market gardeners and officials at produce markets in the Midlands, stating collections and deliveries were made by particular vehicles on given dates.
Driver Hartas stated he had been more concerned with getting the job done than about making out records.
Mr Coverdale told the court that Thompson had made a statement and so was not prosecuted; Hartas had refused to do so and had been. He could not disprove what the prosecution had said as he could not remember what had happened a fortnight ago let alone last August when the offences were alleged to have taken place.
The magistrates fined Coverdale a total of £1165 and ordered him to pay £16.87 back duty. Hartas was fined a total of £40 and Bogg £10 for driving without an hgv licence. Bogg was found not guilty of failing to keep a current record and Coverdale not guilty of causing him to to do so. One charge against Coverdale of operating a vehicle without an excise licence was adjourned.