References: [2005] EWHC 1627 (Admin)
Links: Bailii
Coram: Kennedy LJ, Walker J
Ratio: 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.
Statutes: Road Traffic Regulation Act 1984
Jurisdiction: England and Wales
This case cites:
- Cited – Alphacell Ltd v Woodward HL ([1972] All ER 475, [1972] AC 824, Bailii, [1972] UKHL 4)
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] QB 435)
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 ([1996] RTR 70)
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] IRLR 373)
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 (Times 19-Mar-99, House of Lords, Gazette 21-Apr-99, Bailii, [1999] 1 WLR 629, [1999] UKHL 14, [1999] 3 All ER 833)
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 . .
(This list may be incomplete)
Last Update: 01 June 2019
Ref: 229011
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