References: [2004] EWHC 3118 (Admin)
Links: Bailii
Ratio: 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.
Jurisdiction: England and Wales
This case cites:
- Cited – Cornish v Ferry Masters Ltd ([1975] RTR 292)
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 (Unreported, 4 December 1988)
Whether or not the condition of a vehicle is such that it is a danger to any person is a question of fact. . .
(This list may be incomplete)
Last Update: 30 September 2018
Ref: 226941
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