Danger was speculation
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IN The defence costs of Ripon based Charles Payne, trading as Payne Farm Dairies, and one of his drivers are to be paid out of public funds after Bradford magistrates cleared them of using a dangerous vehicle.
The court heard that police saw a vehicle on Halifax Road driven by Matthew Greenwood which appeared to be "crabbing". Police vehicle examiner PC David Collins said he found that the Ubolt.; on the nearside rear axle were loose and the securing pin had sheared. The axle was displaced by 70mm and there were areas of polished metal on the underside and sides of the springs. The displacement of the axle would affect the load-sensing valve, which could cause the wheels to lock on braking, he said. In his opinion, the defect was due to bad maintenance.
Collins agreed with Andrew WooIlan, defending, that the vehicle had been unladen.
Consultant engineer Stanley Thomas maintained that the vehicle would not be dangerous while it was empty as there would be no effect on the braking. The rear axle would only selfsteer if the steering wheel were held rigid, he added. In fact the driver would have compensated in his steering.
Thomas told the court that Payne's maintenance and inspection systems complied with the recommendations in the "Guide To Maintaining Roadworthiness", and in his opinion the defect could have arisen on the morning that Greenwood's truck was stopped—the polishing effect described by Collins could have happened very quickly.
Greenwood said he had not noticed anything amiss during his daily walk-round check, or while he was driving the vehicle.
Woolfall pointed out that the suggestion that the vehicle might have become dangerous when laden was pure speculation.
Payne and Greenwood each pleaded guilty to an offence of using a vehicle when the twoyearly tachograph calibration check had not been carried out. Greenwood was given an absolute discharge; Payne was fined £150 with £40 costs.