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Linkline had no '0' licence, CPC

5th November 1987
Page 29
Page 29, 5th November 1987 — Linkline had no '0' licence, CPC
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Which of the following most accurately describes the problem?

Keywords : Tachograph, Law / Crime

• The use of vehicles without an operator's licence and the falsiffcation of tachograph records, plus other offences, have cost Paul Schollar, trading as Linkline of Winsford, and three of his drivers £5,165 in fines and costs.

Schollar admitted before the Northwich Magistrates seven offences of unauthorised use, 13 of permitting drivers to drive excessive hours and take insufficient rest, two of permitting drivers to fail to operate the mode switch and one of permitting a driver to fail to keep his tachograph running continuously. He was fined a total of £3,400 and ordered to pay £300 prosecution costs. Christopher Cant admitted eight offences of falsifying tachograph charts and nine offences of driving excessive hours and taking insufficient rest. He was fined £760 and ordered to pay £15 costs.

Robert Davey admitted two offences of falsification, two of excessive hours and one of failing to operate the mode switch. He was fined £280 and ordered to pay £15 costs. Simon Hough admitted two offences of falsification, two hours offences and two tachograph offences. He was fined £380 and ordered to pay £15 costs.

Christopher Worthy, prosecuting for the North Western Licensing Authority, said observations were kept after a Linkline vehicle involved in an accident was found not to be displaying an 0-licence disc. It turned out that Schollar had not got a licence of his own. A "sham hire" arrangement had been entered into with Chris Simmons Motor Company, a firm run by Christopher Clarke. Some of Linkline's vehicles were specified on that firm's licence.

In mitigation, it was said that Schollar had operated vehicles under the 0-licence limit for some time. When larger vehicles became necessary because the business had expanded, he could not immediately obtain a licence. He was not a CPC holder, and did not employ anyone who was.

Schollar had insufficient knowledge of the tachograph and hours regulations and had been unaware of what the drivers were doing.

The hearing of charges against Christopher Clarke was adjourned until 23 November.


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