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Fined E1,400 on EEC regs

3rd February 1978
Page 29
Page 29, 3rd February 1978 — Fined E1,400 on EEC regs
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FINES totalling more than £1,400 imposed on a northern haulier for "consistent" breaches of EEC regulations on drivers hours and records were upheld at York Crown Court last week.

Wilsons Transport and Wilson's International Ltd of Boroughbridge, North Yorkshire, had their appeals against conviction dismissed.

The charges had all related to international confinements originating in England — but still under EEC regulations be cause the goods were destined for abroad.

Simon Bourn-Arton for the Department of Transport said the drivers had obeyed the UK regulations — after 51/2 hours driving they took a half-hour break and, after a total of 10 hours driving took a 10-hour rest period.

UK regulatons, he said, also allow unlimited mileage within the permitted driving hours.

"But since the loads were destined for abroad they should have driven under EEC laws — that after four hours driving there should be half an hour's break and after eight hours driving there should be eight hours break.

Nor are the drivers allowed to travel further than 450km whether they are inside the time limit or not," said Mr Bourne-Arton.

He added that all the offences were discovered in the firms records and had been admitted at the first hearing. He said that at no time had any of the British regulations been violated.

Judge Harry Bennett dismissing the companies appeals said there had been a consistent policy of allowing drivers to breech the regulations.

Also appealing against sentence.were seven drivers from the firms.

They had admitted 36 offences of breeching EEC drivers hours and records regulations and had been fined a total of £900.

They had their appeal upheld and each had their fines reduced by half. In one case a £25 fine for keeping records in the wrong book was reduced to £5.

David Mole for the appelants said the offences had risen "through one mistake leading to another."

A great deal of weight should be given to the technical nature of these offences. The EEC says 281 miles equal 450km which is their distance limit.

This distance can be covered in eight hours at 35 miles per hour. But it is a fact that motorways and main roads allow drivers to go a lot faster and therefore cover a greater distance," he said.

"And if the time is up only half an hour's drive to the ferry it must be admitted that few drivers would be loth to halt.