Owner cleared but driver guil
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• Christopher Nixon, who trades as E Nixon Transport, of Chester, has been cleared by Widnes magistrates of using a vehicle with an insecure load. Driver Gerald Jones of Penyffordd, Chester was found guilty of the same offence and ordered to pay £125 fines and costs. Prosecuting, Liz Vickers said that last July a police officer was following an artic tipper loaded with coke. Coke falling from the trailer was hitting the police car. Jones said he was a selfemployed driver and not an employee of Nixon's. After loading the coke, and adjusting the load, he stretched a net over the trailer. The net was fastened' by ties every 2ft. He discovered a rip in the net 2ft 6in to 3ft in length down the centre, which he had not been previously aware of. He shovelled the coke so that it could not fall off. He believed that the load had been safe. The police officer was mistaken in saying the trailer was sheeted. He was 100° certain there were no lumps of coke falling off the vehicle. Nixon said that all his vehicles were equipped with sheets and nets, and they were attached to the headboard. They used sheets only for loads which could not get wet. The nets were checked by the drivers who reported any defects: a defective net would be replaced. There was no record of that net being damaged. Defending, John Backhouse argued that Nixon had not "used" the vehicle, as he was not Jones' employer. Jones was driving as an agent. Nixon was not to blame or negligent as he was not there, The driver was responsible for the failure, not Nixon.
Jones was fined £75 and ordered to pay prosecution costs of £50