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C2 I read in last week's issul about the operator whos
Page 124
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previously unblemished recori is now likely or in your opinio, certain to be black markei because a driver was picked fro with a faulty exhaust. If th operator was not aware of th fault how can he now be held t be guilty? Might the exhaust no only have started to blow aftE the vehicle left the garage?
AThe law is broken if person uses or causes c permits to be used a vehicle 01 the road which is in any way ii breach of any regulatiol governing the use of a vehicle.
An employer is deemed to b using the vehicle if the driver i working to his instructions. Thi not only applies where th crime is against a C. and l Regulation, but for othe breaches such as using vehicle without a licence c insurance.
It has been proved in th past to the satisfaction of th Transport Tribunal that al operator was unaware of defective brake when it wa argued that the brake pip could have been fractured b road chippings immediatel before an MoT roadside check This was not tested before magistrate.
The law also governs the us of self-drive rental vehicles bu there is a grey area here. First c all let us Icok at the mor straightforwara case. If a vehicl is found to be defective in th first say, 3,000 miles of the hir then the rental company coul almost certainly be held to b guilty of permitting its use bL not of causing it to be used.
However, if the defect occur late in the hire, say thre months or 5,000 miles late and the rental company ca show that it has mad persistent but fruitless efforts t contact their customer, then th courts may consider ther guiltless.