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Records and Hours Charges Fail
Page 44
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rVENTY-TREE summonses against H a lorry driver for failing to keep current records and working excessive hours—brought because he was paid for driving home in his employer's car after leaving his lorry—were dismissed by Penrith magistrates last week. As a result, the prosecution asked for 199 similar summonses against four other drivers and summonses against the firm for permitting the alleged offences to be adjourned sine die. This was granted.
Driver Lawrence Abbott pleaded not guilty to 14 cases of failing to keep current records in relation to one lorry • at Penrith and also to nine cases of not having at least 10 consecutive hours rest in any period of 24 hours.
With regard to one charge, Abbott said he finished work at 6 p.m. in Kendal,
then telephoned his firm, who sent out a relief driver in a small vehicle. Abbott drove this vehicle back to Penrith, arriving there at 6.30 p.m. A Ministry witness said this meant that /Mott had in fact worked for 11-1 hours and not II hours as shown on his record sheets. A similar state of affairs had existed on other occasions, relief drivers being sent out as far as Glasgow, Preston and Bamber Bridge, when the defendant drove home in a private car or van. He ' was paid, however, until he reached Penrith.
Abbott told the court that when he had finished driving his lorry, his time was his own. How he spent it was no concern of his employer and he preferred to spend part ofhis rest period getting home to his own bed.