Inherently Dangerous Vehicle - How dangerous?
In 2002 we reported a decision in the Birmingham Crown Court where a farm worker and his boss were both sentenced to suspended terms of imprisonment for using an "inherently dangerous" vehicle on the road.
The farm worker had been driving a vehicle with an attachment fixed at the front for the lifting and moving of large bales. It consisted of several large spikes and was manoeuvered into a position whereby the vehicle was to turn right into the farmyard. Unfortunately a motor cyclist coming in the opposite direction overtook the vehicle in front and collided with the vehicle suffering fatal injuries.
Both the farmer and his employee were successfully prosecuted and the consequence was a justifiable storm of protests. After all, they were lawfully using a commercially manufactured working vehicle which had not been modified and was in good condition.
Based on the logic of the decision, every other farm vehicle in the land could probably be classed as inherently dangerous and one had visions of specially built prisons to house farmers and their workers!
However, at the end of last month the matter resurfaced in the Court Appeal and the convictions were quashed. This does not mean, of course, that the greatest of care should not be taken in manoeuvering large and potentially dangerous vehicles on public roads and clearly due consideration and thought must be given before such vehicles are modified in any significant way which would possibly make them less safe than they are.