Judges: Mr Justice Chamberlain Citations: [2022] EWHC 2780 (Admin) Links: Bailii Statutes: Road Vehicles (Construction and Use) Regulations 1986 7(3A), Road Traffic Act 1988 42 Jurisdiction: England and Wales Road Traffic Updated: 04 November 2022; Ref: scu.682330
The defendant appealed a conviction for exceeding the gross permitted weight on a goods vehicle. The magistrates having heard the case, the defendant submitted there was no case to answer, the prosecution having failed to bring evidence as to the plate attached to the vehicle. The magistrates allowed the inspector to be recalled. Held: The … Continue reading Tuck v Vehicle Inspectorate: Admn 24 Mar 2004
The claimants sought damages for personal injuries after a crash in a Land Rover maintained by the defendants. The defendants appealed findings of negligence in failing properly to inflate the rear tyres, in continuing despite the danger, and poor overtaking. A further fault was identified in that dirt in the front wheel had led to … Continue reading Exel Logistics Ltd v Curran and others: CA 30 Sep 2004
Judges: Lord Justice Auld Lord Justice Jacob Lord Justice Thomas Citations: [2004] EWCA Civ 403 Links: Bailii Statutes: Sale of Goods Act 1979 14, Road Vehicles (Construction and Use) Regulations 1986 8 Jurisdiction: England and Wales Contract Updated: 10 June 2022; Ref: scu.195093
It was alleged that the maximum permitted front axle weight of the vehicle in question was exceeded. The court was asked what were the circimstances defing a ‘user’ of a motor vehicle in prosecutions for use of the vehicle. Held: ‘The so-called narrow approach to the meaning of the word ‘use’ or ‘uses’ where it … Continue reading West Yorkshire Trading Standards Service v Lex Vehicle Leasing Ltd: QBD 9 Feb 1995
Further consideration of the circumstances in which the use of a hand-held mobile telephone when driving contravened s.41D of the Road Traffic Act 1988 and Regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986. The appellant appeals by way of case stated from a decision of the Bexley Magistrates’ Court on 14 June … Continue reading Bendt v Crown Prosecution Service: Admn 25 Jan 2022
[1997] EWHC Admin 937 Road Traffic Act 1988 41B, Road Vehicles (Construction and Use) Regulations 1986 80(1)(b) England and Wales Road Traffic Updated: 03 January 2022; Ref: scu.137882
Non-communications use of phone not caught The DPP appealed from a decision overturning the conviction of the respondent for the use while driving of a mobile phone to take pictures. Held: The phrasing of the statute limited the offence to one of using the phone for communication purposes. Other uses were not caught by the … Continue reading Director of Public Prosecutions v Barreto: Admn 31 Jul 2019