Driver cleared of lack-knifing charge
Page 35
If you've noticed an error in this article please click here to report it so we can fix it.
AN ACCIDENT which resulted from the general problem of an articulated lorry jack-knifing could not be claimed to be the fault of the driver, magistrates decided last week.
Owner-driver Mr Malcolm Giles, of Crossens, Southport, was summoned by the police for. careless driving in Liverpool Road, Much Hoole, Lanes, on January 27. He was given leave by the Leyland magistrates to change a guilty plea to one of not guilty on the advice of the defending solicitor.
The prosecution said that as • Giles was driving his lorry to wards Preston at a speed of around 40mph he braked and the vehicle turned completely round. The rear of the trailer collided with a private car travelling in the opposite direction.
The car driver, Mr Molyneux, said it was raining heavily • and without warning the lorry appeared to jack-knife. A second motorist, Mr Owen, who had been following Giles's lorry said the speed was around 40mph and he appeared to apply his brakes just before the accident.
The magistrates heard that there was nothing mechanic ally wrong with the vehicle when it was examined after the accident. Mr Giles said he had been some distance behind two other heavy goods vehicles which had braked to turn into a transport cafe. He had just touched his brakes to check his speed but there was no emergency.
Mr J. S. Lawton, defending, submitted that if on the evidence the magistrates could criticise Giles's driving it would be proper to convict. If • the jack-knifing occurred as a result of the general problem with articulated units and not through any fault of the driver then the case should be dismissed.
Mr Lawton produced a copy of a transport magazine with a front page article referring to the jack-knifing problem and proposed compulsory regulations to control the distribution of braking between axles. He pointed out that this showed the difficulties were not just "a lorry driver's myth."
After retiring to consider the evidence the magistrates found that the case had not been made out and dismissed the summons.