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Off-road time affects case

4th April 1991, Page 18
4th April 1991
Page 18
Page 18, 4th April 1991 — Off-road time affects case
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Which of the following most accurately describes the problem?

• The trial of Lancashire-based haulier Ray Wilson and one of his drivers for alleged hours offences has been adjourned after magistrates were told that time spent driving off the public road might be crucial to the case.

Driver James Huyton of St Helens is accused of nine offences of exceeding 4i hours driving without taking the required break, using a vehicle without a test certificate and failing to produce a test certificate.

Wilson of Appley Bridge has been charged with permitting Huyton's hours offences, and with using a vehicle without a test certificate.

Seeking an adjournment, John Backhouse, defending, said that he had recently learnt that the prosecution planned to rely on tachograph charts which covered a longer period than that in which the offences were alleged to have been committed. He said that he needed time to look at the charts in detail, as they might affect the basis of Wilson's defence.

Huyton pointed out that he drove in and out of quarries up to eight times a day, with driving times off the public road varying between three and 15 minutes. Any time spent driving off the Public road did not count as "driving time" for the purposes of the legislation.