Police wrong on tad°
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/Bennett Hambro Transport, of Urmston, Manchester, has been cleared by Ebbw Vale magistrates of using a vehicle without a two-year calibration check on its tachograph.
The court heart that a police officer had examined the vehicle in November and had noticed that the date of the first calibration was 30 May 1985 following installation, and that the previous two-year check had been dated 19 February 1989.
For the company, Jonathan Lawton argued that although under the EC Regulations there was a requirement to have the tachograph tested, there was no requirement for a label giving the date of the inspection to be attached to the tachograph. If the police officer had reason to think that the tachograph had not been inspected, he should have asked, said Lawton. The court concluded that there was no evidence to prove that the tachograph had not been calibrated.
Magistrates ordered that defence costs be paid out of public funds.