Out of bounds?
Page 17
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• Scottish-based Stephenson Bros (Avonbridge) faces charges of failing to ensure that a driver handed in tachograph charts within 21 days. Whether English magistrates, however, have jurisdiction to deal with the case or not, is likely to be decided by the divisional court.
The company is accused of 20 such offences and the Arnpthill magistrates adjourned the case for 21 days to state a case for consideration on appeal after holding that they did have jurisdiction. The company admitted failing to ensure that the driver concerned, Andrew Stephenson, used the mode switch correctly on a tachograph and was fined 275.
Defending, Jonathan Lawton pointed out that normal practice was that a court did not have jurisdiction over matters outside its boundaries. Section 103(7) of the Transport Act 1968 gave jurisdiction outside those boundaries in certain circumstances. None of those circumstances applied in this case where the duty to ensure charts were handed in could only arise at the company's operating centre in Scotland.
In reply it was argued that there was such a thing as "deemed driving" for the purposes of Section 103.
Andrew Stephenson admitted 20 offences of failing to hand in charts within 21 days, 13 offences of falsifying tachograph charts, five of exceeding the hours limits and five of failing to use the mode switch.
Lawton said that the company ran 35 vehicles and there were no complaints about any other driver. Stephenson was one of the sons in what was a family business and he had tried, however mistakenly, to demonstrate his loyalty and willingness to work hard.
The magistrates fined Stephenson a total of 22,030 and ordered him to pay 225 costs.