1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148 
IN Wigan Magistrates have ruled that coaches being taken for
Page 21
If you've noticed an error in this article please click here to report it so we can fix it.
MOT preparation and Tempo 100 checks are exempt from tachograph regulations, and have cleared Smiths-Happiways of failing to use tachographs and failing to issue two of its drivers with charts.
The court heard that police stopped two coaches on their way from Cranage to the company's workshop at Wigan. Tachographs were not in use and the drivers had not been issued with charts.
Fleet engineer James Hilton said the coaches had been laid up at Cranage for the winter and were to be brought back into service once tested. It was company policy not to use such vehicles for the carriage of passengers until they had been tested.
These two particular vehicles also needed Tempo 100 checks before they could be used on West German autobahns.
Arguing that the coaches were exempt from the tachograph regulations in such circumstances, John Backhouse, for the company, said the drivers had been told to report anything wrong on the journey as the vehicles had been standing over the winter. Consequently, he argued, the vehicles were on a road test for maintenance purposes. Carriage by road was defined as any journey of a vehicle whether laden or not used for the carriage of passengers. It was open to the court to find that when the coaches were not being used for the carriage of passengers.