Defective steering prosecution fails
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• _ An allegation that the steering of a vehicle belonging to West Cumberland Farmers Trading Society Ltd, Whitehaven, was defective, must refer to the date of the alleged offence and not to what might happen in the future.
This was successfully submitted to Whitehaven magistrates last week, when they held that the company and one of its drivers had no case to answer concerning a prosecution brought by the Northern LA, and dismissed the charges.
Mr G. Worthington, prosecuting, said that on February 2 this year, a Bedford van was stopped in a roadside check at Tangier Street, Whitehaven, and a vehicle examiner found the steering gear defective and issued an immediate prohibition. There were summonses against both the company and the driver, Mr John Henderson, of 31 Broom Court, Harrowby, Carlisle.
Mr M. Jackson, a DoE vehicle examiner, said the off-side steering arm bolt was excessively loose on the stub axle.
Cross-examined by Mr T. H. Campbell Wardlaw, defending, Mr Jackson agreed he gave the vehicle an exhaustive examination and found no other defects. It was inspected at the local testing station at 2.30 pm and was cleared at 5.45 pm, after a mechanic had arrived and repaired it.
He agreed that the bolt was firmly fixed although loose and liable to shear. The vehicle could be driven properly and the
-driver would not know of the defect.
Questioned further, Mr Jackson said he was concerned with what might happen'in the future although on the day of the examination the steering was in good and efficient working order.
Submitting that there was no case to answer, Mr Campbell-Wardlaw suggested that the defect was trivial and, if necessary, rebutting evidence would be called to show it required only a couple of turns to tighten up the bolt, which had in any event a protecting split pin to prevent the steering arm coming adrift.
After adjourning, the magistrates asked for Mr Jackson to be recalled and on receiving an affirmative answer to a question as to whether the split pin was in position at the time of the examination, dismissed both summonses.