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Detached trailer was found on M-way hard shoulder

9th March 1973, Page 34
9th March 1973
Page 34
Page 34, 9th March 1973 — Detached trailer was found on M-way hard shoulder
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• Three-weekly maintenance of heavy goods vehicles by a competent commercial garage should be accepted as a sufficient discharge of an operator's duty to the public, it was successfully submitted to Long Eaton, Derbyshire, magistrates last week.

Latham's Transporters Ltd, Coventry, and one of its drivers, Raymond Hollingsworth of Almond Road, Cantley, Doncaster, faced summonses for using a transporter lorry and drawbar trailer with dangerous parts, as a result of the trailer breaking away when the vehicle was travelling along Ml loaded with eight cars.

Evidence was given for the police, prosecuting, that at 11.10pm on September 28, 1972, Mr Hollingsworth arrived in his lorry at the Trowel service area and told police officers that he had lost his trailer loaded with four Volkswagens. After a search the trailer was found, five miles back, on the hard-standing having been stopped by its overrun brakes. On examination of the towing platform which should have been secured by eight bolts, only two remained and these had been sheared off.

Mr J. S. Lawton, defending, said the evidence was not disputed and called the driver, who said he had noticed nothing unusual in the behaviour of the lorry, which itself had a load of four cars, and could offer no explanation for what had occurred.

Latham's transport manager, Mr John Frith, said drivers were responsible for seeing to fuel and tyres but not for vehicle maintenance. The company's Doncaster vehicles, of which the vehicle in question was one, had their maintenance carried out by a leading Immingham commercial garage.

Mr B. Bright, managing director of the maintenance garage, said he was satisfied that detailed inspection and maintenance every three weeks was adequate for this type of vehicle. The towing attachment was of a recognized type and there was no evidence of extended wear as the remaining bolts were not elongated.

Referring the magistrates to the 1971 case of Hill and Sons (Botley and Denmead) Ltd v Hampshire Chief Constable in the Queen's Bench Division of the High Court, Mr Lawton pointed out that it was then held that four-weekly maintenance by someone reasonably competent was a sufficient discharge of the onus on the operator in a case of brake failure. The company accepted responsibility for the maintenance but the Bench was asked to take the view there had been a sufficient discharge of its duty to the public.

Although such an accident on the motorway was exceedingly dangerous there was no reason to penalize the company unless there had been neglect.

Asking for an absolute discharge for the driver, Mr Lawton said the Bench should accept that he was not to blame.

The magistrates granted an absolute discharge to the company and also to its driver, without endorsement of licence.


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