Tipper appeal dismissed
Page 7
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AN APPEAL by lorry driver David Haynes, an employee of W. H. Bratt Ltd, haulage contractor of Woodend, Stockport, against conviction for using a four-axle tipper lorry with a tyre likely to cause danger, was dismissed at Knutsford Crown Court last week.
Police evidence was that when the vehicle was stopped the outer rear offside tyre was found to be devoid of tread, and canvas was exposed in the centre of the tyre surface.
Cross-examined by Mr John Bonney, for the appellant, the police witness agreed that the tyre was a Michelin radial and he now understood that it was so constructed that there was no canvas, only steel mesh. A slight tread pattern was visible, but this was not mentioned.
Mr Bonney submitted that it was the duty of the prosecution to show how the alleged defects might cause danger. It was not sufficient just to give evidence there were defects which the Construction and Use Regulations did not say were of themselves dangerous. The appellant had no case to answer.
The judge ruled there was sufficient evidence to infer danger, and the appellant then called Mr. J. Kershaw, a senior executive of •the Associated Tyre Specialists Ltd, who said he was initially with Michelin, and the construction of radial tyres was such that there was no canvas.
In reply to the court Mr Kershaw agreed the tyre was more likely to be dangerous if it was worn as described, but said this would be affected by the condition and number of the other tyres. He agreed that if the good tyre adjacent to it was suddenly deflated the defective tyre would be more dangerous than one in good condition.
The appellant was ordered to pay the costs.