Four Davis Appeals on Records Allowed
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A N appeal by Davis Brothers 1–ls (Hauliers), Ltd., of Solebey Street, London, E.3, against 12 summonses for failing to keep drivers' records succeeded in part at London Sessions last week. The company had been fined £20 on each summons—a total of L240—at Thames Magistrates Court, and were appealing against conviction on six of the summonses and against sentence on the remainder.
The Deputy Chairman, Mr. H. Elam, allowed the appeal against conviction as far as four of the summonses were concerned, but dismissed the other two. He rejected the appeal against sentence, and awarded 35 gns. costs to the respondents, the Metropolitan Licensing Authority. Mr. Elam added that he and the Appeal Committee had considered the matter with the greatest possible care.
Mr. Mark Littman, Q.C., for the appellants, said that when lorries were seen by the Ministry officials being driven outside the hours shown on their record sheets, the important issue was whether the drivers were acting in the course of their work or for purposes of their own.
Frederick White, driver, said that in May, 1961. he had been employed by Davis Brothers for about five and a half years, but, as a result of the summonses, he was suspended for a fortnight and he obtained another job. On May 1 last year, after a trip to Rochester, he returned to the depot, leaving his lorry 100 yards away. He was told to leave it in the depot and return the following day, but, in fact, he drove it to his lodgings near the Elephant and Castle, He was not supposed to do this.
William Simper said he had been employed by Davis Brothers as a driver for about 12 years. On May I last year (-6
he went to Bedfordshire to pick up a load of bricks, returning to the depot, according to his time sheet, at 6 p.m. There was congestion at the depot and he could not get his vehicle in. He reported his return at the office and took his vehicle home with the bricks still in it. He did not tell any senior member of the staff he was going to do this, and he had not been given permission.
WORKERS SERVICE REFUSED
ATREDEGAR (Mon) company's application to run a new bus service from Abersychan, near Pontypool, to the Royal Ordnance Factory at Glascoed, was rejected last week in Cardiff by the South Wales Traffic Commissioners. The applicants were C. G. Hill and Sons (Tredegar), Ltd. who sought to operate the service to convey 100 workers transferred to Glascoed.