Discharged over brake faults
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• Sale, Cheshire owner-driver Joseph Brennan was given an
absolute discharge after Salford Magistrates accepted that he was not to blame for defective brakes on his tipper.
The court heard that when Brennan's eight-legger was stopped in a routine check, oil was found to be leaking from the hub seal into the brake drum on the fourth axle's offside wheel. There was a substantial amount of oil in the brake drum and the brake linings were severely contaminated, causing the brake to become inefficient.
Brennan gave evidence about regular maintenance and said that he also made a walk-round inspection every morning with a more thorough check every Saturday On the day in question the vehicle had only been part loaded and he had not noticed anything wrong with the way it handled.
Defending, James Backhouse argued that Brennan had a good system of maintenance and had not been negligent. In fact, looking after the vehicle was Brennan's hobby Backhouse referred the court to the decision of Hart vs Rex, in which it was held that where a defendant guilty of an offence of absolute liability such as this had not been negligent, and was morally blameless, an absolute discharge was appropriate.
The magistrates made no order as to costs.