Discharge in res case
Page 25
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A SCOTTISH haulier and driver have escaped normally compulsory driving licence endorsements for a tyre offence because the Sheriff considered there were special reasons surrounding the of fence.
C and M McWilliams and driver David Kelly were charged with using a vehicle with a defective tyre on the road. The damage was discovered while the vehicle was working on a construction site, but as the spare wheel was new, the driver considered it prudent to return to his depot so that two new tyres of equal tread could be fitted.
Unsafe mixture
A mixture of :a new tyre and one which had been used for some time was felt to be unsafe.
While driving back to his depot from the site, in a remote area, the driver was stopped by the police and charged with the offence. Because of the circumstances, the Sheriff did not order driving licences to be endorsed, exercising the powers given under Section 101(2) of the Road Traffic Act 1972. But he recorded an admonishment against driver and company.
Admonition
In Scottish law, an admonition is equivalent to an absolute discharge.
The Sheriff said it would help the Bench if drivers and employers were to make sure that any explanation of a fault of this nature was clearly taken down by the police in reply to the caution and charge.