Hirers' test responsibilities: High Court allows appeal
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• The conviction of Dial Contracts Ltd, of Kensington Square, London, hirers-out of commercial vehicles, on 24 summonses alleging that they aided and abetted a customer to use vehicles without "test and plating certificates", was quashed by the High Court last week.
The Queen's Bench Divisional Court allowed, with costs, an appeal by the company against their conviction by magistrates sitting at Bishop Auckland on April 30.
Dial Contracts were also awarded £50 costs of the proceedings before the magistrates.
Mr Justice Bridge, sitting with Lord Parker (Lord Chief Justice) and Lord Justice Widgery, said there was no justification for the conviction. The company had been under no obligation to ensure that test and plating certificates were obtained for the vehicles while they were out on hire.
Mr Justice Bridge said legislation governing goods vehicle test and plating certificates came into force after the agreement under which Dial Contracts hired out the vehicles in question was signed. It was not surprising, therefore, that the agreement made no mention as to who would be liable for ensuring that such certificates were obtained in respect of the vehicles out on hire.
Although Dial Contracts knew nothing about the vehicles which had been hired out not having the certificates, the magistrates had decided, as a matter of law, that Dial Contracts should have known, or suspected, that the certificates were due.
There was no justification in law for that finding, said the judge.