Using vehicle in a dangerous condition, Fort William, 4 October 2017, Not Guilty
The basis of this charge, under section 40A of the Road Traffic Act 1988, was that our client drove an “abnormal load” without a police escort. An example of an abnormal load would be a large farm vehicle that cannot be legally driven on the roads. The Crown’s position was that a police escort was required. Our position was that there was no such requirement in law. the police, by trying to enforce the use of their own escorts, were acting ultra vires. As there was nothing dangerous about the condition of the vehicle per se, our view was that our client had not broken any law.
In the end, the Crown had other evidential issues so this argument was not tested at this time. We successfully opposed a Crown motion to adjourn the trial. The case was thereafter deserted simpliciter.
This case was prepared and defended by Steven Farmer on 4 October 2017