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Divisible load case to be reheard

28th February 1975
Page 24
Page 24, 28th February 1975 — Divisible load case to be reheard
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A LORRY DRIVER, convicted of carrying a divisible load on an articulated lorry over 15 metres long, is to have his case reheard because the magistrates failed to give proper consideration to his defence.

Carmarthen magistrates were ordered by three High Court judges last week to rehear the case against Mr Brinley Frederick Kingdom, employed by David Saunders, a haulage contractor, of Strawberry Hill Farm, Nash, Pembroke.

He was convicted on July 29 last year of driving an articulated lorry, over 15 metres long, on the Carmarthen to St Clears bypass on June 4 with a divisible load — four caravans.

The Lord Chief Justice, Lord Widgery, sitting in the Queen's Bench Divisional Court with Mr Justice Ashworth and Mr Justice Bridge, said the magistrates had not applied their minds to the real point in the case.

A defence under the Motor Vehicles Construction and Use Regulations would be that the vehicle was normally used for indivisible loads of exceptional length and was constructed for that purpose.

Mr Kingdom had established that defence, although he was carrying a divisible load on June 4, Lord Widgery said.

"I would find it difficult to suppose that this vehicle was not normally used for the purposes allowed under the regulations. If magistrates look at illustration of the lorry will find it easy to decide it was constructed for purpose of carry indivisible loads exceptional length," he s The magistrates were represented at the heari


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