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Defective tyre charges withdrawn by police

14th April 1972, Page 45
14th April 1972
Page 45
Page 45, 14th April 1972 — Defective tyre charges withdrawn by police
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• Henry Gilbratth Ltd, Accrington, Lanes, was successful in pleading not guilty to summonses for permitting use of an articulated vehicle with defective tyres, before Bishop Auckland magistrates last week.

Mr J. Olson, prosecuting for the police, said the vehicle was involved in a minor accident with a bus in Bishop Auckland on December 9, last year and, as a result, was inspected by a police vehicle examiner. Two of the tyres of the third axle showed insufficient tread.

The prosecution accepted a submission by Mr T. H. Campbell Wardlaw, defending, that the company could not be said to be permitting an offence concerning a Michelin X tyre. Evidence was called from Mr S. Proctor, the company's tyre fitter that the tyres were checked 10 days prior to the offence, using a tread gauge and were found to be in good order.

Mr F. Woods, the driver, pleaded guilty, and said he had been driving heavy vehicles for 20 years without conviction. He was totally unaware of the defect on the day in question.

Mr Campbell Wardlaw submitted that as Woods did not know and had no reasonable cause for knowing an offence was being committed his driving licence should not be endorsed. Section 7 of the Road Traffic Amendment Act 1967 required that a licence should not be endorsed if it was proved the driver had no reasonable ground for knowing of the offence.

The magistrates imposed a fine of £5 without endorsement.

Because of a question of identification of the second tyre — a Hondura — also produced, and which the defendant contended had a sufficient tread, the police withdrew the summonses against both company and driver.


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