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'Wrong section case dismissed
Page 40
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• A case against Bakers' Transport (Southampton) Ltd involving the death of one of its drivers was dismissed at Worthing last Friday. The Charge was brought under Section 76(3) of the Motor Vehicles (Construction and Use) Regulations 1969. It alleged that the company had used a vehicle for a purpose for which it was so unsuitable as to cause danger to anyone in the vehicle.
On November 13, 1973, Bakers' driver, Mr R. Darwin was killed when the 18 tons of steel, sheets the vehicle was carrying slipped forward on the platform of the trailer severing the brake cable, actuating the emergency brakes and causing the load to slip further, through the cab. Mr D. Jarman, prosecuting, said that if a headboard had been fitted to the trailer the load could not have slipped.
Mr G. Lightfoot for the company, argued that the charge had been brought under the wrong Section of the Act. There was no doubt that the load was not secure on the lorry but he contended that the prosecution had failed to bring evidence that the vehicle was not suitable for carrying sheet metal. Mr Lightfoot's submission that there was no case to answer was upheld and the court made no order as to costs.