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ENO fines after re-issue summonses
Page 29
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Norman Hargreaves and Sons Ltd, ancaster, pleaded guilty before Lancaster .agistrates last week to 44 charges of =thing drivers' hours and records Tences and unauthorized use of vehicles id was fined a total of £122 with £25 ists. Five drivers involved in the offences ere fined a total of £78.
In December (CM December 24) more an 170 summonses against the company id its drivers had to be withdrawn after submission by the defence that they were :fective, not having being signed by a agistrate. The summonses heard last aek had been re-issued.
Mr J. S. Lawton, prosecuting for the oE, said the offences came to light as the stilt of a check carried out by Mr G. ayell, a DoE traffic examiner. After amining drivers' records he was not .mpletely satisfied and asked for the time eets. On comparison it became clear at although on their face, the records !re correct they were not, in fact, accurate id the drivers had been working excessive ours.
Mr H. Hague, counsel, defending, said e company had a high reputation and a five offences concerning use of unthorized vehicles arose out of a misiderstan ding, •Under carrier's licensing C licence for all the vehicles was held at a main base at Wakefield but with the ange to operators' licensing it became cessary to have a separate licence for the :master base. Each depot thought the her had made the appropriate application the North Western LA.
With regard to the records offences, the mpany was clearly under a duty to sure records were properly kept. Mr Tut wished, however, to draw the igistrates' attention to the fact that in no se were the hours of work more than two urs in excess of the legal limit and there was no question of driving excessive hours. It was not a question of public safety although it was accepted there had been breaches of the regulations and the company did not seek to excuse this.
The magistrates fined the company £3 on each of 39 records and hours summonses and £5 for the five offences of unauthorized use.
Of the drivers, William Pennington— eight offences was fined £16; Raymond Hackett-11 offences £22; John Hackett— nine offences £18; Robert Whalley—nine offences £18 and Thomas Henry Wilkinson —eight offences £16. Wilkinson failed to put in an appearance and was found guilty in his absence.
At the close Mr Hague applied for an order for costs of the earlier hearing, presenting a bill based on legal aid scale fees, said to be for around £200.
Passing sentence, the chairman said the magistrates would not make an order as they had taken the costs into account when deciding the penalties.