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Ministry loses driving hours appeal
Page 50
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DRIVING HOME BY CAR DOES NOT COUNT ATEST appeal by a Ministry of Transport traffic examiner failed in the High Court last week.
If successful, it would have put legal difficulties in the way of the transport industry's practice of returning drivers home by private cars after they have handed their lorries over to relief drivers.
Lord Parker (the Lord Chief Justice) ruled that where a driver who had a true option between returning home by car or spending the night in an "away" town chose the former, his travelling time home was not working time, even though he was paid for it.
Regulations concerning work records and rest hours did not apply.
Mr. Richard Yorke, for haulage contractors J. H. Henderson and Son Ltd., had told the Queen's Bench Divisional Court that if the appeal succeeded it would mean hauliers could do only local runs. Most drivers preferred to go home at night rather than stay away.
The Court rejected with costs the examiner's appeal against the dismissal by magistrates at Penrith, Cumberland, on September 28 last year, of summonses against Henderson and Son, of Alston, Cumberland, and one of their drivers, Mr. Lawrence Abbott.
The summonses alleged that on dates in February and March, 1965, Mr. Abbott failed to keep a current record of hours of work and had not had at least 10 consecutive hours of rest in 24 hours. The employers were alleged to have permitted the offences.
The Court was told that after handing over his vehicle, Mr. Abbott returned to Penrith in a private car provided by his employers, sometimes driving and sometimes as a passenger. His records showed he ceased work on handing over.
Lord Parker said there was no difference between the employers telling drivers that if they wished to come back they would pay their train fare and telling them they would be paid at their hourly rate while travelling back by car. If they chose to stay then they were paid subsistence.
Mr. Justice Sachs and Mr. Justice Widgery agreed.
BURNHOLME AND FORDER BUY NUTTALL AND CROW'S NEGOTIATIONS have been completed for Burnholme and Forder Ltd. to acquire H. Nuttall and Sons Ltd. for a consideration of £167,500, and Crow's Transport Ltd. for £95,000.
Nuttall and Sons and two wholly owned subsidiaries (the Nuttall Group) carry on a general transport business at Heywood. Lancs, running mainly between Lanes, Yorks and North Wales. The group's vehicles include 28 lorries and tractive units and 18 trailers.
Crow's Transport operate from Newcastle upon Tyne as general road haulage contractors and run regular services to London and Glasgow. The fleet includes 37 lorries and tractive units and 41 trailers.