TRUCK DRIVERS’ HOURS

Waikato Times, Volume 124, Issue 20726, 9 February 1939, Page 10

TRUCK DRIVERS’ HOURS

EXCEEDED ELEVEN A DAY A PROSECUTION FAILS An unusual prosecution under the Traffic Regulations 1936, was heard in the Magistrate's Court, Hamilton, to-day before Mr S. L. Paterson, S.M. when Andrew Haitly Burn, of Andrew Burn and Company, Limited, was charged with failing to comply with the conditions of a goods service license in permitting an employee, Percy Smale, to drive a goods service vehicle for an aggregate period of more than 11 hours within 24 hours. Burn pleaded not guilty and the case, which was brought on behalf of the Transport Department by Traffic Inspector C. D. Treadgold, was dismissed. Burn admitted that his driver had been on duty for over 11 hours but he was not aware of the fact at the time. Smale had been released from work earlier in the day so that he could later drive to Tirau. For this Burn allowed 6i hours, being two hours each way on the road, two hours for unloading and loading and half-an-hour for lattitude. Mr Paterson said there was no doubt the driver had been driving, within the meaning of the regulations, for an aggregate period in excess of ll hours but the defendant had in his opinion, allowed ample time for the work. The regulations provided that tile employer should not “cause or permit” a driver to exceed 11 hours. Mr Paterson did not consider Burn caused or permitted Smale to exceed the limit of hours as the employer was apparently not. aware of the breach. There would be no conviction.