Not the driver's responsibility
Page 31
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• It was not the duty of a lorry driver employed by a firm to examine or maintain his vehicle, and he would not reasonably have noticed the defect complained of. This was the decision of Middlesex Area Sessions Appeals Court last week when it substituted an absolute discharge for a £5 fine imposed on a driver and also removed endorsement of his licence.
The appellant, Alfred Henry McDonald, of High Road, Broxhourne, had appealed against the sentence, imposed by Tottenham magistrates on December 18, for using on a road a vehicle with defective parts.
Miss Ann Goddard, counsel for the Police, said Mr. McDonald had pleaded guilty to using a vehicle, parts of which were in such a condition that danger was likely to be caused. The grounds of appeal were that the magistrates' court should have found special reasons for not endorsing his licence. She said the vehicle in question was an articulated lorry and trailer and when it was seen by a Police officer on July 3 he noticed that the trailer was not following the drawing unit in a straight line. Some bolts were found to be loose, but apart from this the vehicle was very well maintained.