COSTS FOR OPERATOR
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COSTS were awarded to Bernal Howarth, trading as J. Howarth Transport, Stackstead, Bacap,Lancashire, after a prosecution for alleged records offences was dismissed by Eccles magistrates.
Mr Howarth's defending solicitor, Johnathon Lawton, had pointed out that there is no provision in the regulations for the issue of a general summons for records offences.
The operator had been prosecuted by the police for failing to require one of his drivers to keep records and to hand in records within seven days of completion. He pleaded not guilty.
No entry
A Constable said he stopped the vehicle in question on March 31; on examination of the driver's record book, there was no entry for that day except the date and place of starting. The top and bottom copies of records from March 11 were still in the book.
Cross-examined, the officer said the driver had a record book which contained proper instructions and all the previous records were properly made up. He could not say when the last entry was made and there was no reason why the employer should be aware. that the record was not made up when the vehicle was stopped.
A second police witness said that, when Mr Howarth was interviewed, he said drivers were instructed in how to deal with records, and notices were displayed at the depot.
No case
Successfully submitting no case to answer, Mr Jonathon Lawton, defending, said there was noevidendence on which the defendant could be said to failed to cause the driver to keep records; all proper steps had been taken.
With regard to failure to hand in records, the regulations did not provide for a general summons as received, each record required identification and its own date for the commission of an offence. The employer had 14 days to examine records and had not sufficient knowledge to be charged with causing delay until after the 15th day.
Dismissing the summonses, the magistrates awarded the defendant £30 costs.