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Worth appealing
Page 26
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you report that a Yorkshire-based owner driver was fined by magistrates in Kent for the offence of using a vehicle in a dangemus condition (CM 6-12 June). The alleged dangerous condition related to what was said to be an insecure fifth wheel.
Both you and he may be interested to note that we have recently acted for a driver and his employer in a similar matter before West Mulling magistrates court in Kent.
As a result of representations which we made on his behalf, including an independent vehicle expert's report, the prosecution has seen fit to withdraw the proceedings against both defendants.
Whilst we do not know all the details of the case you reported, I think that, for whatever reason, officers in Kent may have decided to focus on fifth wheel couplings and may be misinterpreting what they are seeing. Certainly it is our view that the operator, subject to the precise facts, should appeal his conviction and sentence before the Ashford court and should definitely obtain an independent expert's report and call him to give evidence; assuming the prosecution cannot be persuaded to offer no opposition to his appeal when it is eventually heard.
If the operator would like to discuss the matter further we are would be more than happy to advise him.
C HaIlsworth, Fionette Quinn Solicitors, Milton Keynes. the air gap in the stud area and the same with a single wheel not fitted, there must not be ANY paint or rust on the twin wheels or brake drums to allow fretting and this is impossible because one must be present.
Also we should throw all torque spanners in the river and use degree gauges at a standard to the size of the stud and not to what the different manufacturers of vehicles recommend.
Lastly, all wheel assemblies, regardless to where they are fitted, should be ultra balanced—or refit the 20mph plate back on the rear of our vehicles.
DC Emblen, Cheshunt,