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Cassidy cleared on tacho charges

29th November 1986
Page 19
Page 19, 29th November 1986 — Cassidy cleared on tacho charges
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Which of the following most accurately describes the problem?

• Holrne-on-Spalding-Moor hauliers B M Cassidy, and one of its drivers, Kenneth Reynor, have been cleared of a series of tachograph offences by Selby Magistrates.

The company and Reynor had denied using a vehicle when there was no seal on the tachograph, no plate on the tachograph and when the tachograph was not working correctly in that the distance trace was not recording.

The police alleged that Reynor's vehicle had been involved in an accident in New Street, Selby, on January 21. The defects of the tachograph were discovered when the vehicle was examined on private land on February 25. An examination of the tachograph showed that the driver of the vehicle on January 21 had been Reynor.

In evidence Reynor said he could not recall driving on January 21 but he could have been. He denied having been involved in an accident.

Defending, Stephen Kirkbright said the tacho graph chart had not been produced and there was no evidence that this vehicle had been driven in New Street on January 21.

There was no evidence regarding the condition of the tachograph on January 21. The Court was being asked to speculate what faults there might or might not have been on that day. It was for the prosecution to prove that the defendents were guilty, not for them to prove their innocence and the evidence produced was totally inadequate.


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