Drivers' records: a question of jurisdiction
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THE OBLIGATION of a lorry driver to keep records for a journey in excess of 25 miles did not commence until he was outside the limit. If he was stopped within the limit then the jurisdiction of magistrates was confined to the area in which the driving period commenced.
This was successfully submitted to Glossop magistrates recently by Mr Jonathan Lawton, defending Thomas Henry Fish, 80 Prince Street, Bury, Lancs, against a charge of failing to keep current records.
The defendant was stopped by the police at Dinting Vale, Glossop and a witness said that the last entry in his records hook had been made some weeks previously.
Questioned, the constable said Fish stated he was going to Chesterfield which was well outside the limit. He accepted that Dinting Vale was less than 25 miles from the defendant's base.
Asked what record should have been kept, the witness said one of commencing work and starting driving. He agreed this would have been made out in Manchester the prosecution was brought in Glossop because the defendant was stopped there.
Mr Lawton argued that as Dinting Vale was less than 25 miles from base the exemption from keeping records applied. The relevant section did not allow the prosecution to give evidence of a driver's intention to go beyond 25 miles. Consequently, despite it being obvious to the court that it seemed the defendant was going to exceed 25 miles, at the point at which he was stopped records were not required.
Quoting a recent case, Mr Lawton pointed out that the offence had clearly been committed outside the jurisdiction of Glossop magistrates. There was no requirement for a driver to keep a record as he was driving along and the last entry which would be relevant could only have been at the commencement of the driving period, which it was agreed was in Manchester.
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