Record review
Page 9
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IN a case in which Stockport magistrates dismissed a charge against Henry Johnson (Packers and Shippers) Ltd on December 15 for failing to cause a driver to keep a record of the hours worked, they were told that the police prosecuting had been advised three times there was insufficient evidence to obtain a conviction.
The police, had stopped a vehicle belonging to the company at 9pm on July 12, 1975. It was found that the driver had 'no record book with him and he stated that it was not his usual vehicle and he had forgotten to remove the book from his own vehicle.
Mr R. Leach, defending, submitted that for the offence to be established the prosecution must show that the employer had failed to take steps to ensure the driver had a record book or had shut his eyes to the fact that he had not got one.
On the prosecution's own evidence the driver had a record book, but had failed to carry it with him. Not only could the defendant not have been aware of this, but the company was not required to be aware of it for seven days after the completion of the record;.
The magistrates held that no case had been made out against the company and Mr Leach asked for costs against the police but this was refused.