Defect charge fails
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• Chorley haulier Colin Lawson and one of his drivers were given absolute discharges after Bolton magistrates accepted they could not have reasonably known that the brakes of an articulated outfit were defective.
Lawson and driver Carl England admitted using the vehicle when the brakes were not maintained in efficient working order.
Defending, James Backhouse said that the coupling between the tractor and semi-trailer required a special fitting on the inside to seat the valve, which was missing. It was impossible to tell from the outside whether the fitting was there. Some vehicles required the fitting and others did not. England coupled up the trailer and checked the air lines were working. Unfortunately, the airline affected did not operate until the brake pedal was depressed. The air suspension was working and nothing occurred to make him think anything was wrong.
Nobody would have allowed the vehicle to go out in that condition, said Backhouse. Lawson was entitled to rely upon the three competent fully skilled fitters he employed. He could not check every single vehicle item himself.