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Transport consultant Colin Ward, appearing for MJ Myers, said "There
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is no benefit in breaking hours laws for a company like this". He added that after extensive research of the firm's operations he saw no evidence of drivers gaining by the type of driving they were engaged in.
Fuel bonuses existed, he said, but they would not have received these from "pushing their vehicles in this way.
"Most drivers are totally unaware of the legislation; that they cannot drive more than four hours; that they should take rests, daily and weekly," he said, "There are no facilities in the UK, no schemes for drivers — they must learn the rules from other drivers."
For the defence, Jonathon Lawton told the court that if the company was committed to illegality it would have engaged all 45 drivers in these practices. This had not been the case. The firm had taken strong steps towards ensuring that drivers stuck to their hours, and a man had been hired solely to check tachograph records.
The prosecution argued that some drivers had falsified their charts by removing them while driving.
The stipendiary decided that the offences could be listed in two categories: passive offences involving excessive driving hours and too little rest, and more serious offences involving the removal of cards and the stopping of vehicle tachograph clocks.
He agreed that the company had made strenuous efforts to stop drivers from breaking the law, but the firm should still be held responsible.