Prove you didn't permit For the first time in many
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years the House of Lords is to be asked to give an opinion on the interpretation of the word "permit" in drivers' hours legislation. Redline Coaches was convicted by magistrates of permitting its drivers to exceed their legal hours. The prosecution evidence included a statement by the operator himself admitting that he never checked the records. The case went to the Court of Appeal and that court dismissed the operator's appeal. The judge said: "It is common knowledge that drivers often breach drivers' hours regulations. Failure on the part of an operator to make the requisite checks is a reckless disregard." The operator had argued that he had no reason to suspect his drivers would break the law and for that reason he never examined the charts. The Court of Appeal was not impressed and the matter is now to go to the House of Lords.
The law has always been that for a conviction of permitting 'drivers to exceed their hours the prosecution must prove that an operator had been reckless—proving negligence is not enough. A judge has whether the law was breached or not".
The EU Regulations put three obligations on an operator: .:To organise drivers' work so the drivers' hours rules are not infringed; .....To carry out periodic checks to ensure that the rules are being obeyed; To take such steps where necessary to prevent recurrence of any infringements that are found.
The Court of Appeal decision reflects an increasingly hard line taken by the courts on infringements of drivers' hours regulations, and an unwillingness to allow operators to escape liability. The courts are tending more and more to follow the broad obligations which are set out in the EU regulations. Operators of PSVs and HGVs should beware. Operators should also remember that even if they are not prosecuted the Traffic Commissioners can take action against their 0-licences without having to go through any of the problems of evidence which affect a criminal court.
The Traffic Commissioner can take into account convictions of drivers in considering whether an operator is of repute before taking disciplinary action. It doesn't matter whether the operator has been prosecuted (or even whether he has been acquitted). The bottom line is, operators should carefully consider their obligations under the EU regulations and should take steps to comply with them. An operator who does not, faces prosecution, a fine, and possible disciplinary action against his licence. er's work so they do not s' hours regulations. • Organise your driv have to break driver • Train drivers on drivers' hours regulations and re-train them where necessary.
• Keep written evidence to prove what steps you have taken.