Fine after brake failure
Page 15
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COURTS might dislike heavy goods vehicles, but they could not be made to disappear by the imposition of heavy penalties where the operator was not at fault.
This was said to Stockton Heath (Cheshire) magistrates by Mr J. S. Lawton, defending, when Oliver Hart & Sons Ltd, Wigan, pleaded guilty to using a vehicle with defective brakes.
The prosecution of the company followed an accident at Grappenhall, on July 15, when a vehicle swerved to its nearside and plunged into a ditch.
A police vehicle examiner said that the vehicle and its brakes were well maintained, but the brake on the front offside wheel was virtually inoperative. It proved necessary to Make a great deal of adjust ment before it would operate satisfactorily.
The driver said he noticed nothing at all untoward about the brakes until the accident happened. All defects had to be reported to his employers.
Maintenance records showed the vehicle was inspected weekly and that new brake linings had been fitted on July 9.
Mr Lawton said the magistrates must convict on what was an absolute offence and therefore the only question was that of blame. The company could only be criticised if the system of maintenance left something to be desired.
The magistrates fined the company -£50 and the driver CIO but found there were special reasons for not endorsing the driver's licence.