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FOLLOWING A chemical spillage last June which closed the A45

22nd April 1993, Page 42
22nd April 1993
Page 42
Page 42, 22nd April 1993 — FOLLOWING A chemical spillage last June which closed the A45
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Which of the following most accurately describes the problem?

in Cambridgeshire, summonses have been brought against the haulier, its driver and the consignor under the Road Traffic Act 1988.

By bringing charges against the consignor, the prosecuting authority is following a trend towards bringing proceedings against those responsible for loading consignments, instead of opting for easy convictions against hauliers on the basis of strict liability offences.

A BIRMINGHAM operator who faced a heavy fine following an axle overload is to appeal.

The vehicle was on a dedicated contract with a customer; although the company retained responsibility for servicing the vehicle, and paying its driver, day-to-day control was handed over to the user.

The appeal is based on the grounds that this type of arrangement is legitimate and that, having handed over control, it is unfair that the company should be held responsible for the errors of another. Furthermore, the prosecuting authority could properly have brought proceedings against the customer—and this they failed to do.

A VEHICLE examiner in London recently imposed an immediate prohibition on a PCV on the grounds that the emergency exit on the upper deck was not working and a summons was duly issued against the operator alleging the same offence.

Solicitors for the operator asked the prosecutor if the vehicle examiner had given details of the PCV in question.

The vehicle, it transpired, was an open. top bus.

The prosecution was withdrawn and the defendants costs were paid out of public funds.

AS FROM 1 April 0-licence fees have been increased, as follows: • On grant of the 0-licence£170.00.

• Annual fee for each specified vehicle28.00.

• On variations which require advertising—L170.00.

• Interim licences (per vehicle specified)—L1 0.00.

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Locations: BIRMINGHAM, London

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