The prosecutor appealed a decision of the magistrates not to convict a lorry driver. He had stopped after feeling vibration. At the service station he had taken off and replaced the wheel nuts by hand, and was awaiting service. The vehicle inspector then found him and reported him.
Held: The magistrates could not have decided the matter properly, since the vehicle was clearly in a dangerous condition when the driver noticed the situation.
Citations:
[2004] EWHC 3118 (Admin)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Cornish v Ferry Masters Ltd 1975
The court discussed the criminal liability imposed for dangerous heavy goods vehicles: ‘I think that the general principle that these offences are absolute offences has to be applied here and I think that, in deciding whether the condition of the . .
Cited – Director of Public Prosecutions v Potts QBD 4-Dec-1988
Whether or not the condition of a vehicle is such that it is a danger to any person is a question of fact. . .
Lists of cited by and citing cases may be incomplete.
Road Traffic
Updated: 19 May 2022; Ref: scu.226941
