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Reeves and Son discharged

28th January 1988
Page 25
Page 25, 28th January 1988 — Reeves and Son discharged
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Which of the following most accurately describes the problem?

• Stanley and Graham Reeves, trading as Stan Reeves and Son of Wein, have been given an absolute discharge by Ludlow magistrates from offences of aiding and abetting a disqualified driver to drive, and of using a vehicle without insurance. They were each fined 2165 with 220 costs for the unautho rised use of a vehicle and the incorrect use of a tachograph.

Andrew Chapman, 19, admitted driving a 7.5-tonne vehicle when disqualified by reason of his age and the incorrect use of a tachograph. The partners had been accused of aiding and abetting the offence.

Prosecuting for the West Midland Traffic Area, Patrick McKnight said a vehicle exactly on the 7.5-tonne limit driven by Chapman was stopped in June while towing a two-axle trailer. Because of the trailer, the driver required an HGV driving licence and had to be at least 21 years old unless participating in a special trainee drivers' scheme.

The tachograph had broken down some days previously and Chapman was not making any entries on the reverse of the charts. Inquiries revealed that the vehicle had not been authorised on the firm's hence, although it was in the process of applying for an additional vehicle. The vehicle's insurance was invalidated as Chapman was disqualified from driving by reason of his age.

Defending, Michael Carless said advice had been sought from the traffic area office, and the firm had been assured that Chapman could drive while towing a trailer. Though wrong in law the insurance company had said that Chapman was covered. The partners had done everything they could to find out the true position but had been misled.

The additional vehicle had been applied for in March and should have been granted well before June, said Carless. In fact it was not authorised until August because the traffic area had sent the firm the wrong form and had subsequently been unable to find the correct form after it had been filled in.

The vehicle had been booked in to have the tachograph repaired and had been repaired the day after the vehicle was stopped.

The magistrates gave Chapman an absolute discharge for driving while disqualified, and a conditional discharge for 12 months for the tachograph offence.


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