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Misunderstanding led to offence

7th January 1999, Page 13
7th January 1999
Page 13
Page 13, 7th January 1999 — Misunderstanding led to offence
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• Guisborough magistrates gave Penwortham, Preston-based Sean Lenehan a 12-month conditional discharge after he admitted that his driver failed to make entries in a log book. The court heard that when a vehicle belonging to Lenehan was stopped in April, the driver, Shaun Walsh, was not keeping any driver's records.

Defending, Andrew Woolfall said Lenehan had been in the telecommunications business for 25 years. At the time of the offence he had been working under subcontract with Kennedy Construction from a yard in Guisborough.

The offence had arisen out of a misunderstanding of the law. The vehicle was exempt from the tachograph regulations because of the European exemptions for vehicles working in telecommunications.

Lenehan had also thought they were exempt from the requirement to keep records under the domestic drivers' hours rules when the driver drove for less than four hours within 50km of base.

As all his employees were working from the Guisborough yard at the time, he had regarded the yard as the vehicle's base rather than Penwortharn, The magistrates ordered Lenehan to pay 255 costs.

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Locations: Preston

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