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ON TOW IS IN USE

18th January 1990, Page 27
18th January 1990
Page 27
Page 27, 18th January 1990 — ON TOW IS IN USE
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Which of the following most accurately describes the problem?

QOur breakdown unit was called out to one of our tippers which had blown an engine and the vehicle was towed back using the rigid bar. It was stopped by the police and they are now prosecuting us for using a vehicle on the road with defective tyres. Surely we were not using the vehicle, we were recovering it _ID, Barnstaple AUnfortunately, towing a vehicle is causing it to be used (Milstead vs Sexton (1964) Crum L R 474) and on that basis the summons is correct. If you had been recovering the vehicle to change the tyres you may have a defence.