Hens operator fined for 7 tack) offences
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A HARLOW-based haulier has been fined a total of £210 plus £20 costs for failing to ensure that a tachograph on a recently-purchased vehicle had been calibrated.
ROBA (UK) Ltd, pleaded guilty last week to seven charges of failing to issue a driver with a simplified record book between July 14 and August 10 last year.
Defending solicitor Brian Langstaff told Harlow magistrates that the lorry had come from another company, MCW Ltd, who understood the vehicle was calibrated. ROBA therefore had no reason to think otherwise. "The company acted in accordance with the law and did not know they were cornmiting an offence,he said.
The calibration "oversight" was not realised until after the last offence, said Mr Langstaff. On more than one occasion the driver of the vehicle was warned by ROBA that he was not using the tachograph correctly, indicating that the company was anxious to use the tachograph correctly and legally.
Mr Langstaff described the situation as a "simple mistake and urged the magistrate to grant the company an absolute discharge. Prosecuting solicitor Martin Bentley, appearing for the Metropolitan Licensing Authority, said that the driver did not know that the tacho graph was not calibrated.
The magistrate said that somebody must be responsible for the offences and fined ROBA £30 for each of the seven charges and ordered it to pay £20 towards the cost of the prosecution.
The driver of the vehicle, Gordon Cruttenden of Bexhill, Sussex, was given an absolute discharge on seven charges of failing to enter details into a simplified log book as the company had "taken the responsibility away from him'', according to the magistrate. Eight other charges against Mr Cruttenden, were withdrawn.