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oonlighting factory workers drove tankers

26th February 1998
Page 28
Page 28, 26th February 1998 — oonlighting factory workers drove tankers
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Keywords : Tachograph

• Five tanker dri vers carrying hazardous loads of chemicals have been ordered to pay £4,050 in fines and costs after admitting a series of drivers' hours and tachograph offences before magistrates in Mold, North Wales.

Prosecuting for the Vehicle Inspectorate, John Heaton said the five were employed by Moldbased Raymond Hughes, who was a dedicated haulier for chemical manufacturer Synthite. The loads carried included methanol.

Kevin Probin and Gary Robins were employed full time. Michael Davies was a full-time driver for Leigh Environmental, of Stockport and David Andrews and Steven Roberts were factory workers for Synthite. All three drove part-time for Hughes.

Heaton pointed out that the dangers arising from tired drivers behind the wheel of 38-tormers were aggravated in this case because of the type of loads carried.

He said Davies had plainly concealed from Leigh Environmental, for whom he drove a 32-tonne vehicle on hazardous waste contracts, that he was driving part-time for another haulier.

An analysis of Andrews' charts revealed serious breaches. On one occasion he only had a 45-minute break between an eight-hour factory shift and seven hours 20 minutes of driving. Roberts had as little as 40 minutes, two hours 25 minutes and three hours 20 minutes of rest between substantial driving periods and a full eight-hour factory shift. On another occasion he only had 45 minutes' rest. On a particularly serious occasion in December 1996 Roberts had done an eight-hour factory shift, finishing it 50 minutes early and had then driven for 13 hours and five

minutes interspersed with

A man who had just worked an eight-hour factory shift was not properly rested and should not go on to drive through the night at the wheel of a 38-tonne artic carrying a hazardous load, said Heaton.

Robins admitted twice pulling out his tacho chart on the M62 when well short Driver admitted removing his chart early. of base while carrying

methanol from ICI at Billingham. He said that once loaded you just could not leave a tanker at the side of the road. The offences had occurred because of the pressure of work, waiting and loading.

Probin said Hughes required him to drive for 4.5 hours straight without stopping for breakfast, and he had falsified the charts to conceal the fact that he had stopped. If you stopped for something to eat you lost money—sometimes he had lost eight or nine hours' pay.

For the other three drivers, Steven Alis said they had been unaware that they were breaking the law.

Both Hughes and Synthite had known what was going on because of their close connection.

The problem had occurred bemuse the drivers had been ignorant or did not understand the regulation& Had Hughes told them what they were not allowed to do under the regulations they would not have done it. The availability of this work was perhaps too good to be true for these drivers and their families.

Probin, of Rossett, Wrexham, was tined £350 with £75 costs for two offences of falsifying tachograph charts and one offence of taking insufficient daily rest.

Robins, of Mold, was fined £1,000 with £100 costs for five offences of falsification; one of withdrawing a chart from the tachograph before the end of the daily working period; one offence of driving for 4.5 hours without taking the required 45 minutes break; and one daily rest offence.

Davies, of Shotton, Deeside, was fined £675 for two 4.5-hour driving offences two of being a driver and having two or more employers without notifying each of them of the name and address of the other; two offences of taking insufficient weekly rest; and four of taking insufficient daily rest.

Andrews, of Flint, Deeside, was fined £550 with £100 costs for three offences of failing to use a tachograph chart; one weekly rest offence; and three daily rest offences. And Roberts, of Holywell, was fined £1,150 with £100 costs for nine offences of failing to use a tachograph record sheet; 10 daily rest offences; and one weekly rest offence.

The magistrates adjourned the hearing of allegations that Hughes caused and permitted the drivers' offences pending the outcome of a case that has been taken to appeal before the House of Lords.


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