I SHOULD like to respond to your articles (LET, August 24 and 26), referring to a number of cases in Blackburn magistrates court dealing with drivers' hours and the allegation that Tarmac is walking away from its responsibilities.

Whereas I am sure your reporter faithfully repeated the comments made by the defending solicitor, Mr Michael Cunningham, I should like to take the opportunity of setting the record straight on a number of aspects which were misrepresented in both articles.

Tarmac employs contract hauliers whose vehicles are financed by a third party arrangement and both contract and financial agreements are entered into freely and willingly by both parties.

The basis of the contract provides for Tarmac to supply work and for contract hauliers to provide vehicles presented in company livery to deliver our products. Each haulier operates as a stand-alone business with the obligations and responsibilities that implies.

Contract hauliers can provide haulage services for other people but, in practice, the company supplies more than sufficient work within the Ribble Valley area to keep the hauliers fully employed. The fluctuating demand for night-time supplies to customers, sometimes at short notice, is part of our business and, indeed, contract hauliers are offered the opportunity to undertake this work as a number have spare drivers: the request is for the vehicle, not the driver.

The haulier has a right to refuse, but if his vehicle is not available it will be required at the quarry as usual the following day. There never has been any witholding of work from a haulier who has been unable to supply a night-time vehicle.

No approach has been received by Tarmac from the hauliers to discuss this specific issue. Mr Cunningham requested a copy of a haulier's contract on July 29 and we replied to him enclosing a copy of the contract on August 2.

Tarmac does not condone falsifying or failure to keep full tachograph records and it should be emphasised it is a responsibility of each contract haulier to comply with the law.

R ISAACS, Regional Director, Tarmac Quarry Products Ltd, Lismore Road, Buxton, Derbyshire.

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