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Magistrate to decide on use
Page 29
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• Whether or not an operator was guilty of "using" a vehicle which had been hired, and driven by an agency driver, is to be decided by the Liverpool stipendiary magistrate.
T F Ashe and Nephew had denied using the vehicle with a 10% front axle overload. John Backhouse. defending, argued that since the driver was not an employee the company was not the user of the vehicle.
Though there were "deemed userprovisions for such circumstances in the 1968 Transport Act, they did not apply to offences such as this, brought under the 1972 Road Traffic Act. The driver, Alan Dawson, was clearly an agent of the company and not an employee.
Judgement has been deferred until November 11, Dawson pleaded guilty and was given a conditional discharge for one year.