A York bus company which put the public at risk by using a driver who was not properly rested was fined almost £5,000 by Selby magistrates yesterday.

York Pullman Ltd, which is based at Elvington and has its head office in County Durham, denied 12 breaches of drivers' hours offences brought by the Vehicle Inspectorate.

The court heard that drivers of goods or passenger vehicles are restricted by law to maximum periods of driving time and minimum periods of rest on a daily or weekly basis.

Richard Wadkin, prosecuting on behalf of the Vehicle Inspectorate, told magistrates:

"The law is there to improve the working conditions of drivers and prevent their exploitation, to ensure they all play by the same rules, and to prevent over-tired drivers driving on the roads with potentially dangerous consequences."

The court was told that a York Pullman driver, Edward Booth, was asked by his manager to drive a coach even though he needed to rest for another ten-and-a-half hours to legally do so, the court heard.

The company's transport manager, Peter Dew, admitted making an error in sending Mr Booth out on a job without having sufficient rest.

"It was supposed to be his rest day, but a client asked for an extra service that day and no one else was available to work except Mr Booth," he said.

"The affect of that was to bring him within the 12-day rule which affects the amount of rest to be taken - with hindsight I found I made an error by giving him that duty.

"I misinterpreted the rules and made a mistake."

The company's solicitor, Richard Serlin, argued that the law allowed for the possibility of a mistake in drawing up schedules for drivers, as long as the company was not reckless or negligent.

"What we have is an honest mistake, not gross negligence or recklessness," he said.

Mr Serlin said: "The company takes its responsibilities very seriously indeed, and did not hide or conceal any of the facts in this case. It volunteered its infringement of the law."

Magistrates fined York Pullman Ltd £400 on each charge - a total of £4,800. The company was also ordered to pay costs of £1,133.

The driver, Edward Booth, 64, of St Stephen's Road, York, was given a conditional discharge and ordered to contribute £100 to prosecution costs of £226.

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