Stephenson fights tacho fine
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• Arnpthill-magistrates have fined Scottish-based hauliers Stephenson Brothers (Avonbridge) £1,000 for failing to ensure that a driver handed in tachograph charts — but the company is asking the High Court to decide if an English court has jurisdiction to deal with such offences.
The company denied 20 offences of failing to ensure that the driver, company director Andrew Stephenson, handed in his charts. In July the magistrates ruled that they had jurisdiction to deal with the case,but adjourned it after being asked to state a case for consideration of an appeal. The defence argued that such an offence could only be committed by the company at its Scottish base, (CM 9-15 July).
At the resumed hearing Jonathon Lawton, defending, said that counsel believed the magistrates might not have jurisdiction and the High Court was to be asked for a ruling.
In mitigation, Lawton said Stephenson was one of the sons in what was a family business, and had tried to demonstrate his willingness to work hard. There were no complaints about any of the company's other drivers and the company might well have had a defence if Stephenson had merely been a driver and not a director as well. The prosecution were having "two bites of the cherry" in prosecuting the company as Stephenson had already been heavily penalised for the offences.
In fining the company £50 per offence, the magistrates indicated they were imposing what they regarded as no more than nominal penalties.