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Haulier cleared of drawbar defects following accident

22nd January 1998
Page 19
Page 19, 22nd January 1998 — Haulier cleared of drawbar defects following accident
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Which of the following most accurately describes the problem?

• Northern Straw Co and one of its drivers were cleared of alleged offences arising out of an accident on the M62 when they appeared before the Brough magistrates.

The company, of Great Hegg, near Goole, and driver Richard Egginton had denied using a drawbar trailer in a dangerous condition and using a vehicle with a defective tyre.

The court heard that police were called to the scene of an accident and found a drawbar trailer on its side and about 100m of damaged crash barrier.

Police vehicle examiner Stephen Akam said that he found a tyre on Egginton 's vehicle with its steel cords exposed. He felt this defect had been caused by the way the tyre had been recut.

When he inspected the trailer he found that the A-frame on the turntable lacked lubrication. That would cause it to seize and act jerkily, causing steering problems. He believed this caused the turntable to seize and the trailer to turn over.

In reply to Andrew WooHall, defending, Akam agreed that there was some trenching of the road surface and that the carriageway was resurfaced soon after the incident. But he did not think the trenching had con tributed to the accident. • Akani accepted that greasing the bearings did not form part of the trailer's annual inspection and that no prohibition had been issued to the trailer.

When the tyre was produced to the court, Alcorn accepted that it had not been recut. He agreed that the steel cords were shiny, not rusty, and that the defect could have been caused by accident damage.

Transport manager John Wood said that no defects had been reported on the vehicle or the trailer. He attended the scene of the accident and there was still grease on the nipples.

Egginton said he had carried out his daily check that morning. He did not like driving the combination concerned and if he could have found a defect he would have done. He could not recall the accident Consultant engineer Stan Thomas explained that the lubrication of the bearings was simply designed to stop wear. A lack of lubrication merely increased the wear on the ball bearings, which would allow the turntable to move more freely In his opinion the defect to the tyre was clearly accident damage.

Woolfall pointed out that even if the turntable seized up it would be no different to a rigid trailer without a turntable, many of which were used quite lawfully.

The magistrates directed that the defence costs be paid out of public funds.

The company pleaded guilty to using a vehicle with an unsealed tachograph, for which it was fined 4:100 with .,C10 costs.


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