Charged on wrong offence
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• Sutton Sons (St Helens) and driver Patrick McCory were cleared of using a vehicle with an under-inflated tyre when the court heard that the tyre was defective.
PC Kissack told Penrith Magistrates that while patrolling on the M6 he saw an artic tanker with sparks coming from a nearside trailer wheel. He stopped the tanker and an examination revealed that the body cord of the tyre had come through the casing and that the tyre had deflated.
The charge against the company was dismissed after Jonathan Lawton, defending, said that no evidence had been produced to suggest that Sutton & Son was the owner and user of the vehicle at the time.
Tom Jones, field service manager of SP Tyres (UK), said the defect had probably occurred because the wires within the shock strip had become untwisted and had started working within the body of the tyre. The body was weakened and the tyre had blown out. No-one examining the tyre before the incident would have seen any thing wrong. He disagreed that there was evidence of continuous contact with either the road or the mudwing, but he conceded there would be sparks.
Lawton said that while the tyre was clearly defective, that was not the offence with which the company had been charged. Before the incident the tyre had been properly inflated.