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Absolute discharges for lost wheels on motorway

12th March 1998, Page 23
12th March 1998
Page 23
Page 23, 12th March 1998 — Absolute discharges for lost wheels on motorway
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Keywords : Wheel, Axle, Wrench

• Preston haul age contractor John Goodier & Son, and one of the company's drivers, were given absolute dis charges after Droitwich magistrates accepted that they were not to blame for a wheelloss incident.

The company and driver Gordon Wright had admitted using a dangerous vehicle after a tractor's nearside drive-axle wheels fell off on the M42.

Defending, James Backhouse said on Saturday 8 March a fresh set of wheels were put on the nearside drive axle and a notice was put in the cab instructing the driver to check the wheelnuts with a brace after 50 miles.

Wright took the vehicle over on the Monday and drove to Runcorn where he checked the wheelnuts. Over the next two days he checked them eight times, the final occasion being at Mansfield. Wright set off from Mansfield and approximately 75 miles later the wheels came off.

Managing director John Goodier said the company's vehicles were inspected every two weeks and when wheels were replaced the wheelnuts were tightened with a torque wrench.

It was standard practice for the vehicles which were in the depot at the weekend to be checked with a torque wrench for wheel security, he added.

Backhouse said that it was a classic case of what had become known as the wheel-loss syndrome in its true form. Both company and driver had done everything possible to ensure wheel-loss did not occur.

He added that the high Court had laid down that where a defendant was morally guiltless and had not been negligent an absolute discharge was appropriate in cases of strict liability like this one. He produced CMreports of wheel-loss cases where this principle had been applied.


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