LEGAL PROCEEDINGS

KENT

Conveyance by Road

At West MaIling Magistrates Court on the 5th November 1975, John Hudson & Co. Ltd., of 8 Maltravers Street, London, pleaded guilty to two charges relating to their tank wagon registration mark HMD 747N. (a) Cap of filling opening not locked (Reg.12(2) 1957 Regs). (b) Locking mechanism of cap of filling opening not maintained in good condition (Reg.ll 1957 Regs).

The driver, William Rasberry also pleaded guilty to one charge unner (a) above.

The Magistrates imposed fines of £20 and £50 respectively on the Company with £5 costs. The driver was fined £20 with £5 costs.

Unattended Tank Wagons At Gravesend Magistrates Court on the 7th 1975, George Frank Smith, the driver of Conoco tank wagon registration mark JHV 312K, pleaded not guilty to a charge of failing to attend constantly. The charge related to the vehicle being left unattended on a main road whilst the driver was in a cafe some 160 feet distant. The officer ascertained that it was not possible to see the vehicle from the cafe. The charge was found proved and a fine of £25 with £10 costs was imposed. At the same Court on the 5th December 1975, Robin Clive Pankhurst the driver of Shell-Mex and B.P. Ltd., tank wagon TAN 524M pleaded not guilty to a charge of failing to attend constantly.

The offence occurred at the same time as the previous case and the driver was in the same cafe, his vehicle being some 90 feet distant. Again it was not possible to see the vehicle from the cafe.

The driver was found guilty and a fine of £30 with £10 costs was imposed. Conveyance by Road

At Dartford Magistrates Court on the 7th January 1976, John Hudson & Co. Ltd., of 8 Maltravers Street, London, pleaded guilty to two charges relating to their tank wagon registration mark HMD 746N. (a) No fire extinguisher (Regulation 6 1957 Regs.). (b) Exposed electrical wiring (Regulation 11 and 1st SChedule 1957 Regs.).

The driver, Frederick Stacey, also pleaded guilty to one charge under (a) above.

The Magistrates imposed fines of £5.00 and £10.00 with £10.00 costs. The driver was fined £5.00.

Delivery

At Gravesend Magistrates Court on the 21st January 1976, a garage proprieter, Les1ie Norman Lyons of Halfway Filling Station, Gravesend Road, Higham, Kent, pleaded guilty to two charges under the Conveyance Regulations. The charges related to failure to complete two copies of the delivery certificate (Regulation 16(7» and failing to keep one copy for six months after delivery (Regulation 16(10».

The offences came to light following a complaint from a member of the public as to the quality of the 4-Star petrol sold from the station. A sample which was taken under the Trade Descriptions Act 1968 was analysed and found to correspond to a 2-Star designation.

Lyons pleaded not guilty to a charge of applying a false trade description to the petrol. The Court accepted that a statutory defence had been made out and dismissed this Information. On the charges relating to the Conveyance Regulations, the Magistrates imposed a fine of £20.00 on each.

Explosives - Improper Storage

On the 11th March at Deal Magistrates Court, Terence Raymond Franks pleaded guilty to two charges under the Expolsives Act 1875.

The charges related the failure to keep safety cartridges ina secured and closed receptacle so as to prevent access by unauthorised persons.

Fines of £20.00 on each charge were imposed by the Magistrates and costs of £15.00 were ordered to be paid.

The prosecution was taken following the insistance of the defendant that he was allowed to keep the cartridges on open shelves in his shop. Despite repeated attempts to persuade him to conform with the requirements he persistently refused. The two Informations were in respect of the same offence on two different dates.

The failure to comply with a statutory notice requiring the rendering safe of three derelict petrol tanks resulted in Mr. J. Tolley of 12/16 Fort Road, Margate, appearing before the Margate Magistrates Court on the 18th March 1976.

He pleaded not guilty but the case was found proved and he was fined the maximum of £5.00 and ordered to pay £10.00 costs. In addition, the Magistrates fixed a period of three months from the date of conviction for compliance with the notice.

The charge was laid under Section 290(6) of the Public Health Act 1936 after Mr. Tolley had failed to comply with a notice served under Section 73 of the Public Health Act 1961.

Conveyance - Faulty Tank Wagon

Fines of £100.00 together with costs of £20.00 were imposed at Tonbridge Magistrates Court on the 25th March 1976, against C.R. Machin trading as C.R.M. Fuel Supplies of Loughton, Essex.

The defendant pleaded guilty to three charges concerning a tank wagon registration HLX 798K carrying petroleum spirit. (a) "Petroleum Spirit - Highly Inflammable" not displayed (Section 5 1928 Act). (b) Flame symbol not displayed (Regulation 4 of 1971 Regulations).

(c) Failure to maintain in good condition (Regulation 11 of 1957 Regulations).

The third charge related to the fact that there was an opening into the No. 1 compartment which had not been fitted with a cap. It appears that the opening was provided to facilitate the fitting of a pressure and vacuum valve, addi tiona1 to that in the man1id if necessary. The openings in the other compartments had been properly blanked off.

A fine of £25.00 was imposed on each of the first two charges and a fine of £50.00 on the thi rd charge. In addi tion, costs of £20.00 were awarded.

Conveyance by Road

At Folkstone and Hythe Magistrates Court on the 9th October 1975, Jenkins Fuel Transport Ltd., of Canterbury Road West, Ramsgate, Kent pleaded guilty to four charges relating to the conveyance of petroleum spirit in a tank wagon registration mark 409 LOG. (a) "Petroleum-Spirit - Highly Inflammable" not displayed (Section 5 1928 Act). (c) Cap to filling opening not locked (Regulation 12(2) 1957 Regulations). (d) Dipping pipe not securely closed (Regulation 14. 1957 Regulations).

Before the same Court at the same time, the driver, Dennis Victor Osmond, also pleaded guilty to the above charges.

The Magistrates imposed fines of £100, £100, £400 and £200 respectively on the Company with £25 costs. The driver was fined £10 on the first two charges and £100 on each of the others.

The Magistrates commented that they were very concerned about two summonses. In particular they felt that if the vehicle had overturned, the manholes may have opened because they were not locked and they appreciated the danger to the public.

Notices of appeal against sentence were lodged for both the driver and the Company.

The appeals were heard at Canterbury Crown Court on 26th April 1976, when the fine in respect of the last charge against the driver was reduced to £50. The company's appeal was dismissed and they were ordered to pay £50 costs.

The Judge said that this was a matter giving rise to great public concern at the present time and although at first sight the penalty might seem drastic, closer thought showed that the Justices were absolutely right to pass a deterent sentence.

Petrol in Polyethylene container At Folkstone and Hythe . Magls trates Court . on the 16th October 1975, Dependable Dellvery Ltd., of Drake House Laira Bridge Road, Plymouth, were with the following ffo ences ' ln respect of . thelr mises pre at Caesars Way, Folkstone Harbour.

( a) Dispensing petrol . t ln 0 other than a metal container (Condition of Licence

(b) and Section 1(3) 1928 Act). . h 'se than Keeplng petrol ot erWl 1 t'on 2 metal container (Regu a 1 Regulations). in a of 1929

(c) Keeping in a vessel not marked Highly 4 "Petroleum Spirit Inflammable" (Regulation of 1929 Regulations) . They £150 and d ere fined £50, pleaded guilty an w th £25 costs. £150 respectively wi

The Company are d engage 'n 1 the collection d of newly imported cars from the Harbour an were in the habi t of taking a quanti ty of petrol from their depot where they held a t 1 pe ro licence to the Harbour to enab le the