Driver's appeal set to clarify breaks law
Page 17
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by Miles Brignall • The High Court is to decide if the law on drivers hours and rest breaks needs to go back to the European Court for clarification following an appeal by a Manchester driver (see page 16).
If driver David Steventon is successful it would mean drivers taking longer than the 45minute break would be able to count the extra time as part of the first break in the second driving spell of the day.
Steventon, a driver for Manchester-based W Harrison & Sons (trading as Express Parcels Services) was charged at Middleton Magistrates Court with failing to take sufficient breaks over a four and a half hour driving period. his defence centred on the European Court ruling in 1993 that defines how rest periods should he taken.
Defending, John Backhouse argued that having stopped for an hour, he should have then been able to count the extra 15 minutes as the first break of the second driving period.
John Heaton, prosecuting for the Vehicle Inspectorate, claimed the European ruling is in no way ambiguous and the law clearly states that the completion of the 45-minute break triggers the need to start the calculation again. The court agreed and the case will now go to appeal.
In giving an absolute discharge for that offence, the court fined Steven ton £200 for three other hours offences to which he pleaded guilty. W Harrison is backing the driver's appeal against the decision.
• The magistrates must now apply to the High Court which shall decide if the matter needs to be taken further. A decision is expected in the next three months.