Pavilion wins its load appeal
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• Warrington Crown Court has quashed fines imposed on Pavilion Transport (Whitworth), and driver Thomas Whaley for using a vehicle on the M62 with an insecure load.
Judge Tom Crowther was told that the locking levers on the rear "barn" doors on the semitrailer had fractured, allowing the doors to swing open. A number of pieces of scrap metal fell out on to the motorway and five cars collided with them and were damaged. The police officer's opinion was that the break was the result of metal fatigue.
The company had been fined £400 and Whaley £100. In addition, Whaley's licence was endorsed with three points.
Defending, John Backhouse said the vehicle had been carrying about 23 tonnes of scrap castings. The incident occurred where there was mining subsidence on the motorway that caused the vehicle to bounce. In all probability that had caused the casting to bounce against the rear doors. He argued that neither the company nor the driver could have forseen such an occurence and neither had been in any way to blame.
Setting aside the company's fine, and granting it an absolute discharge, Judge Crowther said he was satisfied that the company was morally blameless and had not been negligent.
The driver's position was more difficult, said the judge. He had a heavy responsibility to position the load in the body of the trailer so that it would not move about.
The Court was not sure that the police officer was right that the break had been caused by metal fatigue and the proper way to meet the driver's conduct was by way of a conditional discharge for 12 months.
But he accepted that the driver had a defence against endorsement and directed that the penalty points be removed.