r WHAT IS THE EFFECT OF A
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loCONVICTION?
• Every conviction has to be notified to the Traffic Commissioner within 28 days. This will probably result in a fleet inspection. An unsatisfactory fleet inspection will result in a public inquiry—and a public inquiry could result in revocation of the Operator's Licence; or curtailment of the fleet size; or a suspension of part of the fleet for a specified time.
The financial impact stemming from one set of loose wheels is potentially immense, and in cases where there is evidence of gross negligence the consequences are dramatically increased. In serious cases prosecutions can be brought against the driver for dangerous driving, and against the operator for aiding and abetting. Conviction could lead to imprisonment and disqualification. An operator can now be prosecuted under Section 3 of the Health & Safety at Work Act 1975 which says: "It should be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons NOT in his employment who may be affected thereby are not exposed to risks to their health and safety."
Subject to the defence of reasonable practicability, Section 3(1) creates an offence of absolute criminal liability. It might be sufficient For the prosecution to prove that members of the public were exposed to a possibility of danger.
The penalty for a breach of this act is a fine of up to £20,000 in a magistrates court—but in a crown court perpetrators face an unlimited fine and imprisonment.
In the event of a fatality prosecutions might also be brought for manslaughter (see Legal Bulletin, CM 26 March-1 April 1998).