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Haulier escapes court verdict but waits on IC

21st November 1996
Page 22
Page 22, 21st November 1996 — Haulier escapes court verdict but waits on IC
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Which of the following most accurately describes the problem?

10E-4

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• A Shropshire haulier which had a drawbar trailer involved in a fatal accident has had its Operator's Licence suspended until 5 December while a Traffic Commissioner decides what action to take.

WT Hurdsman & Sons, of Oswestry, was called before West Midland Deputy Traffic Commissioner Roger Seymour after the company escaped a judgement at Chesterfield magistrates court on a legal technicality. The company holds a Licence for 30 vehicles and 45 trailers.

In June 1994 a drawbar trailer came adrift from its tractor in Derbyshire, crossed the carriageway and hit an incoming tipper head on. The driver of the tipper died in the collision.

Hurdsman was prosecuted but the case collapsed because the company, although holder of the 0licence, did not trade. Geoffrey and Susan Herdsman traded as a partnership.

Seymour accepted Geoffrey Hurdsman's contention that the drawbar had failed due to advanced corrosion rather than a fault in the maintenance system, but said he took a serious view of the company holding the 0licence lying dormant.

Geoffrey Hurdsman said the partners owned the corn pany, considered it was part of them and took responsibility for it.

Seymour said he was satisfied, by the narrowest of margins, that the Hurdsmans had retained their repute. He is also to consider a bid for an 0-licence by the new company, Hurdsman Transport Services.

The Deputy Commissioner added that he has asked the Vehicle Inspectorate to investigate what action could be taken to prevent coupling failures in future. Several other operators have experienced similar failures.


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