Dirty water needs licence
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Using a high-pressure water jetting vehicle without the authority of an 0licence has cost Leeds-based Lanes for Drains 1600 in fines and costs. The company admitted the offence when it appeared before the Chester magistrates.
Prosecuting for the Vehicle Inspectorate, John Heaton said that the company had faced two
charges alleging the unauthorised use of such a vehicle. The first case was heard by the Leyland magistrates, who convicted the company. That decision was appealed to Lancaster Crown Court. There the judge ruled that no 0-licence was required when the vehicle was carrying clean water to the site where the jetting operation was to be carried out—but one was required when it was carrying
dirty water away from the site.
Defending, Jonathan Lawton said the law relating to such vehicles was extremely complex. The company did have an 0-licence but he had advised them that water jetting vehicles were exempt from 0-licensing. The complexities had been compounded by the conflicting decision of the Crown Court in Lancaster. The company had taken the view that as it already had an 0-licence it would specify all its jetters on that licence rather than appealing against the decision.
Suggesting that an absolute discharge would be appropriate in the circumstances, Lawton said that it had not been a wilful act on the part of the company as there had been genuine confusion over the legal position.
The magistrates fined the company £500 with £100 costs.