Lawyers want fines equality
Page 10
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by Rob Willock • Lawyers have repeated demands for better guidelines for magistrates after a small company and its driver were fined nearly £ 2,000 for two minor tachograph offences.
One of two 7.5-tonners run by Network Seafoods of Newhaven was stopped at a Vehicle Inspectorate roadside check in February. The company and driver Richard Long were subsequently prosecuted at Lewes Magistrates Court on one count of failing to complete a tachograph chart centre field and one of failing to return a chart within 21 days.
Fines to the company totalled £1,000 with £450 costs; Long was charged £300 with £175 costs, although both pleaded guilty and offered mitigating circumstances.
By comparison, last month Liverpool magistrates fined Solitaire (Liverpool) and driver Stephen Preator just £ 1,350 for falsifying a tacho record, falling to make entries on a centre field, withdrawing a chart from the tachograph before the end of the day, taking insufficient daily rest, exceeding the daily driving limit and failing to return tacho charts within 21 days (CM 25 Sept-1 Oct).
"What gets me," says Network Seafoods' director Peter Ellis, "is that I now can't afford to appeal. We've never offended before—we're clean. But on the one instance we fail to cross the "t" and dot the "i" we're clobbered. It's draconian—a slap on the wrist would have done the trick" "You're joking!" was the reaction of solicitor Anton Balkitis of Rotheras when told of the fines. "There's not a lot of guidance for magistrates on tacho offences. The company's fines are within the Magistrates' Association guidelines, but right at the top end," he added, repeating his calls for more consistency in magistrates nilings (CM 14-20 August).
Ellis is considering representing himself at appeal.