False tachos trial
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WITNESS summonses requiring the attendance of representatives of tachograph manufacturers Lucas Kienzle and Veeder Root were issued by Hereford Magistrates last week during the hearing of allegations connected with the making of false records by drivers employed by Arthi1r Oakley Transport Ltd.
A director of the company and nine drivers faced charges of driving excessive hours and of making false records. They are Trevor Scott Oakley (one charge of making a false record), Ivor Teale of Hereford (one charge of making a false record), Edward Williams of Brinsop Common (two charges of making a false record), Douglas Ewins of Hereford (11 charges of making false records, five charges of failing to keep .records, four charges of having insufficient rest, and two charges of exceed ing his hours), Raymond Lewis of Hereford (two charges of making false records, and two of exceeding his hours), Stephen Keith of Hereford (two charges. of making false records, and one of failing to keep a record), Gwynfor Ackery of Hereford (two charges of making a false record, and two of failing to keep records), Philip Warren of Hereford (one charge of making a false record, and one charge of exceeding his hours), Alan Hodges of Hereford (one charge of making a false record, two charges of failing to keep records, and seven charges of exceeding his hours), and Richard Thompson of Hereford (12 charges of making false records, and two charges of failing to keep records).
The company is charged with aiding and abetting the false records offences, with failing to cause records to be kept, and with permitting the drivers to have insufficient rest and exceed their hours.
So far the magistrates have dealt with two of the drivers — Ivor Teale who was found guilty and fined £50 with £50 costs, and Edward Williams who was found not guilty on both charges. The case against Douglas Ewins is part heard and is to be continued in June.
Applying for the witness summonses in respect of Lucas Kienzle, Peter Loftus for the prosecution said arrangements have been made for them to give impartial expert evidence for the court's benefit. However, they were now reluctant to attend as they felt their integrity was called into question by their appearance for the prosecution.
Giving evidence on the third day, William Hamilton, an engineer employed by Lucas Kienzle, said a tolerance of plus or minus two minutes was allowed due to the movement of the charts on the centre boss when it was inserted in the machine.
Questioned by Ralph Lewis for the drivers, Mr Hamilton accepted that the chart could ride up the centre boss and that if a driver kept his hand on the chart while putting the clip down the tolerance might be exceeded. However, he would expect to see evidence of that on the centre hole.
Asked whether that was why the latest model had clamps instead of clips, Mr Hamilton said the company felt that both systems were equally as good and the tolerances would produce a distinct belling effect round the central hole of the chart and if it was more than a couple of minutes the chart would rip or tear.