Discharged on unknown defect
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• Clitheroe haulier AJA Smith Transport was given an absolute discharge after Bradford magistrates accepted the company could not have known about a brake defect on a tipper which ran into the back of a stationary car.
The company admitted using the vehicle with defective brakes and the court was told the driver of the car had heard "heavy braking" behind her when she stopped at a junction.
An examination of the trailer brakes showed that one of the slack adjusters had "wound itself off" because the pin securing the locking collar had either been damaged or failed to locate prop. erly in the locking collar Evidence was given by the company's fleet engineer and a mechanic, of the company's maintenance system. They said the vehicle concerned had its brakes adjusted every Saturday and on the last check before the accident there was no sign of anything amiss,
Defending, John Backhouse argued that the company could not have known about, or discovered, the defect in the braking system. He produced copies of commercial Motor legal news reports of cases in which it had been ruled that where there was no blame or negligence, an absolute discharge was appropri
ate for offences of strict liability. The company was ordered to pay £25 towards the costs of the prosecution.