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Operator drove on when he hew about brake defects

14th February 2002
Page 21
Page 21, 14th February 2002 — Operator drove on when he hew about brake defects
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A Warringtr based operator who failed to

_ . appear to answer charges relating to overloading and using a vehicle with defective brakes was arrested on a warrant and has been ordered to pay fines and costs totalling £500.

Dean Jordan pleaded guilty to the offences when he appeared before Rochdale magistrates. Similar charges against Jordan's company. Dean Jordan Road Markings. were dropped following its winding up by Customs and Excise.

Prosecuting for the Vehicle Inspectorate, John Heaton said that a two-axle rigid vehicle loaded with line marking equipment was stopped in a check at Thornham Island. When the vehicle was weighed it was found that the permitted gross weight of 7.5 tonnes had been exceeded by 990kg, an overload of 13%.

When the vehicle was examined by a vehicle examiner he discovered that the nearside rear axle brake was in a very poor state of repair. The inner brake pad was completely worn away to the extent that the brake pad material and the metal backing plate no longer existed. The brake calliper pistons were making contact with the disc. Brake fluid was leaking from the caliper and the brake fluid reservoir was empty.

It was clear that Jordan had known of the brake's defects but had elected to drive anyway when the vehicle was in an overloaded condition, said Heaton.

In defence Gordon Haigh said that Jordan had debts of £14,000 after the winding up of his company The company had been set up in 1997 and in the summer of 1999 Jordan had

many business, marital and per sonal problems. In August 199c. the vehicle had been ransack& and it had cost a lot to refurbish Jordan admitted that he hat told the mechanic that thE brakes were "spongy". ThE mechanic had relined thE brakes only six weeks before hand and had told Jordan tha the brakes would be fine to us( on the public road. Jordal claimed to have had the vehick weighed at a weighbridge twict before being stopped.

This was not a case when Jordan had driven on regare less, argued Haigh. Jordan ha believed what he had been tol, by the mechanic.

Fining Jordan a total c £400, and ordering him to pa £100 costs, the magistrate said that they found the fac that he had deliberately drive with defective brakes to be a aggravating feature.


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