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Go Whittle goes to court

3rd December 1987
Page 18
Page 18, 3rd December 1987 — Go Whittle goes to court
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Which of the following most accurately describes the problem?

• Driver's hours and tachograph offences led Ron Whittle, a partner in Highley-based Go Whittle, to pay £2,650 fines and costs ordered by the Kidderminster Magistrates.

Thirteen of the firm's drivers admitted a total of 52 offences of failing to take sufficient weekly and daily rest. Whittle admitted causing 45 of the offences, and one offence of failing to produce tachograph records. Originally 15 drivers and all four partners in the business were accused of a total of 620 offences, but 522 of the summonses were withdrawn by the prosecution.

Nichola Walker prosecuting for the West Midland Traffic Area, said the firm had been asked to produce tachograph records for July and August 1988. Unfortunately, it was unable to produce all the records. The offences were revealed by computer analysis of those produced. Nonetheless the traffic examiners had been impressed by the co-operation they had received from the firm in arranging interviews with drivers. Whittle had been charged with causing the offences because the drivers had worked the rosters produced by management. The drivers had said that they had not been put under any pressure to work extra hours.

Defending, Geoffrey Davies said the nub of the problem was the difference between EEC and domestic hours rules. The firm had been selected to test the Ministry's computer in analysing charts from a coach firm with most work.

It was very much a question of interpretation in deciding whether offences had been committed or not, something that was acknowledged by the prosecution in the withdrawal of a large number of summonses.

Whittle was fined 22,500 with 150 costs. Two of the drivers who were present in court were given conditional discharges for two years and ordered to pay 120 prosecution costs. Sentence on the remainder was adjourned until December for their attendance.


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