The prosecutor appealed dismissal of the charge of driving a heavy commercial vehicle on a road which was subject to a maximum weight restriction in breach of the 1984 Act. The company denied that it had any knowledge of the actual route taken by its driver.
Held: The offence involved use by the employer when he caused or mermitted the use. It was in effect a joint enterprise by the employer and employee.
Judges:
Kennedy LJ, Walker J
Citations:
[2005] EWHC 1627 (Admin)
Links:
Statutes:
Road Traffic Regulation Act 1984
Jurisdiction:
England and Wales
Citing:
Cited – Alphacell Ltd v Woodward HL 3-May-1972
The defendant operated a paper manufacturing plant which involved maintaining tanks of polluting liquid near the river, so that pollution would occur if they overflowed. There were pumps which ought normally to have drawn off the liquid and . .
Cited – Ross Hillman v Bond 1974
An employer can be found to be causing or permitting an employee to overload a vehicle when he was acting in the course of his employment even though the employer is unaware of the employee’s exact activities. . .
Cited – West Yorkshire Trading Standards Service v Lex Vehicle Leasing Ltd QBD 9-Feb-1995
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 . .
Cited – Regina v Director of Public Prosecutions, ex parte Jones CA 2000
A company Managing Director had arranged for a dockside crane to be adapted, so that with the jaws of the grab bucket open bags could be attached to hooks fitted within the bucket. Jones was in the hold of a ship loading bags onto the hooks when the . .
Cited – Vehicle Inspectorate v Nuttall HL 18-Mar-1999
An operator accused of permitting contraventions of the drivers hours need only be shown to have failed to take reasonable steps to prevent contraventions by his drivers. A willful failure to inspect tachograph charts can amount to prima facie . .
Lists of cited by and citing cases may be incomplete.
Road Traffic, Vicarious Liability
Updated: 01 July 2022; Ref: scu.229011