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Haulier fined for dangerous axle
Page 18
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Feltham-based David Fiockhart, trading as Phoenix Motors, has been fined 1400 and received three penalty points for permitting a vehicle to be driven in a dangerous condition. Uxbridge Magistrates also ordered him to pay 1135 costs.
A similar summons against his business partner, Jill Fiockhart, was withdrawn. Flockhart's fitter, James Serpent, pleaded guilty to permitting the vehicle to be used in a dangerous condition. He was fined 2100 and £50 costs and three points were endorsed on his driving licence.
Anthony Ostrin, for VOSA, told the court that a Mercedes Benz three-axle goods vehicle with three-axle trailer carrying light goods with a train weight of 41,000kg was the subject of a roadside check at Heston services on the M4.
It was escorted into the check site by police officers who observed it from the rear travelling at about 40 mph, leaning over to the nearside at an angle of about 15'. Hazard warning lights were not displayed.
Inspection of the vehicle, which was being driven by Michelle Blanch, revealed that the third axle nearside inner and outer road wheels were missing and an Immediate prohibition was Issued.
Details of using the vehicle in a dangerous condition were pointed out to the driver and Serpant was called In to escort the vehicle to the company's depot at Heathrow. He stated he had been instructed to strap up the vehicle
and bring it back to the workshop, travelling behind the vehicle with his beacon light flashing.
For Blanch, Jeremy Fear said she was employed by Stillview, trading as Overritte, Portsiade. Blanch had been asked to relieve the driver of the vehicle after it had broken down because he had run out of his hours.
She had been told by Serpent to drive the vehicle at no more than 40mph to the depot at Heathrow. The company did not know about the incident at all although it was obliged to take responsibility for It because Blanch was employed by it.
District Judge Steven Day said that he was satisfied that Blanch acted with all due diligence and he therefore did not endorse her licence. He instead gave her an absolute discharge.
He also gave Stiliview an absolute discharge, but ordered it to pay £350 costs.