ilnethorpe fines cut
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• Milnethorpe Transport's managing director Alastair Johnstone has had a drivers hours conviction quashed after appealing to the Crown Court.
The company also had fines cut from £300 to £100 for using a vehicle without operating the mode switch.
Carlisle Crown Court heard that a study of the firm's tachograph charts showed that Johnstone had made two trips in one day, taking him over the daily hours' limit.
Johnstone said that he had taken on the work because a driver was on holiday.
Although he had dated both charts 12 March, the trips had been on different days.
The company produced documents from customers showing that the journeys had been made on 12 and 14 March. Judge Charles Mahon said it was a pity that the evidence had not been shown to magistrates and accepted that Johnstone had not committed the offence.
For Milnethorpe, John Backhouse argued that the company could not be blamed for the four mode-switch offences as it had not accompanied the driver in the cab. Even if it was to blame it was no more blameworthy than the driver who had been fined £25 per offence, said Backhouse.
Johnstone said that he had been having problems with the driver, who had received several warnings. But he was a good driver and the company did not want to sack him.
Reducing the fines, Judge Mahon said that he did not think the company had done everything possible to prevent the offences, but it was no more to blame than the driver.