Chr rethink
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by Mike Jewell II The European Court could be asked to clarify its interpretation of the four and a half hour driving rule, following a case at Middleton magistrates in north Manchester last week.
W Harrison & Sons (Carriers) of Middleton and four of its drivers face a series of charges alleging breaches of the 41/2 hour driving rule.
In some cases, whether offences have been committed or not depends on whether a driver is permitted to take part of his 45-minute break before the start of a second 41/2 hour driving period.
In December the European Court of Justice ruled that the starting point for the 4/2 hour driving time, as governed by EC Regulations, is dictated by the completion of a 45-minute break
(CM 16-22 December 1993).
Prosecuting for the Department of Transport, John Heaton said it was an important case as a further matter of clarification or interpretation has arisen in the present case which was whether a new 4l4 hour driving period could start, for example, in the middle of a break of an hour.
The Lovers Lane case, which led to the European Court's ruling, has yet to go back to Manchester Crown Court.
If the issue raised by solicitor John Backhouse, defending for W Harrison, arises during the Lovers Lane case, the judge could ask the European Court for further clarification.
Last week's Middleton case was adjourned while the prosecution takes advice from the Treasury Solicitor.