Defective brakes brings £1,250 fine
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• Using an artic with defective brakes has cost James Jolley Poultry Packers of Westhoughton, Lanes and one of its drivers ,C1,250 in fines and costs.
Appearing before Middleton Magistrates the company and driller Graham Part initially denied the offence but subsequently changed their pleas to guilty.
John Heaton, prosecuting for the Department of Transport, said that a four-axled artic carrying live poultry was stopped in a routine check. When examined at the Heywood Test Station the offside front brakes were found to be seriously defective. When tested on the rolling road, the readings on the nearside front brake were 1,980kg—the offside front brake read only 57kg, The vehicle would have tended to pull to the nearside as there was almost no braking effort on the offside.
The air brakes on the trailer were also found to be defective, with only about 13% efficiency on the service and secondary braking systems; the legal minimum is 50%. The vehicle was issued with an immediate prohibition but as it was carrying live poultry it was allowed to proceed at no more than 20mph under police escort back to base.
The tractor unit brakes were all but useless, said Heaton. It must have been apparent to the driver that they were pulling very badly and were dangerous.
When interviewed, transport manager Alan Porter had said that the company "did not run bent" and that its vehicles and trailers were serviced regularly Part said he was returning from Norfolk and had no idea that the brakes were defective until the vehicle was tested at Heywood. He had not noticed anything wrong from the way the vehicle handled, even on steep hills. He agreed that in driving the vehicle he tended to use the speed knob on the steering wheel, resting his arm on the wheel, and that could have stopped him noticing any tendency for the vehicle to veer.
Defending. Nicholas Holroyd said that it had been a very difficult case for the company and driver. They had been very surprised at the defects found and until the last minute had intended fighting the case. The company was not a cowboy outfit and did its best to operate vehicles properly.
The tractor was maintained by Leyland Daf itself and the trailer by a reputable garage. The company had been horrified by what had been found and in addition the Freight Transport Association now checked the vehicles every four weeks.
The magistrates fined the company 1750 with £150 costs. Part was fined £200 with .E150 costs, and his licence was endorsed with three points.