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Defective semi-trailer was on hire
Page 157
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• BUXTON magistrates gave George and Alan Fort, trading as A F Transport, of Clitheroe, an absolute discharge for using a semi-nailer with a defective tyre and dangerous parts, after being told that it had been hired from British Road Services.
The partners told the court that they had never seen the trailer concerned and they had relied upon the experience of the driver who had picked it up.
Defending, John Backhouse said that the defective tyre had been on the outer rear-axle wheel. Although there had been an air leak at the trailer headboard, caused by a loose coupling, there was no suggestion there had been any loss of air pressure in the braking system.
Backhouse argued that the case was of the kind that the High Court had in mind in their Judgment in Hart v Bex, in which it was said that an absolute discharge was appropriate in cases of absolute liability where it could be shown that the defendant was morally blameless for the offence, and had not been negligent.
The magistrates ordered each partner to pay £ I I towards the costs of the prosecution.