BRS wins 'due diligence' appeal
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BRITISH ROAD SERVICES' policy of disciplining drivers who failed to keep proper records, checking daily logs against weekly work sheets and keeping an eye on lorry movements showed the "due diligence" required by law.
This was the opinion of Mr. lain Black, deputy chairman of Stafford Quarter Sessions, when on Friday the court granted appeals by BRS against six convictions by magistrates at Uttoxeter, Staffs, for failing to cause drivers to keep current records. Fines of £60 and costs of £50 imposed by the magistrates were quashed.
The convictions all involved false records entered by two drivers at the BRS Burtonon-Trent depot.
Mr. Douglas Draycott, QC, told the quarter sessions that in 21 months before these cases five drivers at the depot had 25 convictions for failing to keep current records.
Although British Road Services took trouble to draw their men's attention to the rules, this was not enough, he claimed.
"A highly competitive firm will discipline its drivers and make them accept checks and regulations, because they know the firm will suffer if they do not.
"I think that British Road Services probably take the view that if they try to impose these checks it will lead to trouble. Drivers do not like inspectors checking where they are and do not like having clocks fitted in their vehicles."
Mr. Philip Cox, QC, for BRS, said the firm tried to introduce clocks nearly 20 years ago and were threatened with strikes. The measures they took were all that could be expected of any haulage company.