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ri I have a number of drivers' record books which
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have been used only a .few times because drivers have stayed with my company for a short time and then left. Ant I allowed to reissue these to new drivers who accept a position with this company and, if so, is there a stipulated period between the original issue and subsequent reissue?
A There is no provision in the Drivers' Hours (Goods Vehicles) (Keeping of Records) Regulations 1970 for the reissue of drivers' partly used record books. However, Regulation 8 lays down that a record book returned to the employer either when it has been completed or on termination of the driver's employment must be proscribed for six months.
Presumably, the operator is free to reissue a partly used book after this period of statutory preservation has elapsed.
However, in Cassady v Ward and Smith Ltd, March 24, 1975, where the Leicestershire justices had ruled that a record book issued in turn to a number of casual drivers had been properly issued, it was held on appeal that this was not so. The Appeal Court held that as the Regulations laid down that the driver was required to set out his name and address at the front of the book, this meant that the reference to a "new" book in Regulation 3 (2) meant new to each driver.
Therefore, to keep a book for the use of a number of temporary drivers was not in compliance with the Regulations and the appeal was upheld.
It could be, in that case, that a court would consider that each driver should have a "new" book to commence his duties and, later, to replace a complete book.