Appeal
Page 17
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upheld
NEWPORT (Gwent) magistrates were wrong to dismiss a careless driving case against a driver who reversed his lorry into a building at Newport Docks, three High Court judges decided last week. Frederick Weldon Phillips, employed by the British Trans-pert Commission, demolished a wall when his lorry backed against a toilet.
Newport magistrates, on March 19, decided there was no case to answer because chey thought the quay was not road within the meaning of :he Road Traffic Act, 1972.
Lord Widgery (the Lord -2hief Justice), Mr Justice D'Connor and Mr Justice ,awson, sitting in the Queen's 3ench Divisional court, ruled :hat the magistrates had made t legal error and sent the case rack for the hearing to coninue.
Newport magistrates will low have to decide whether VIr Phillips drove without due :are and attention.
Mr Justice Lawson said all treas of docks and harbours iormally used by traffic were overed by the British Trans)ort Commission Act even hough they would not come inder the narrower definition )f a road under the Road :raffle Act.
Mr Phillips, who contested he prosecution appeal, was • rdered to pay the costs of he hearing.