The defendants were charged with operating and permitting the operation of a commercial motor vehicle with brakes not maintained in good working order on the Queen Elizabeth Way highway, contrary to section 64(7) of the Highway Traffic Act.
The prosecution's case relied on evidence of a broken brake assembly and out-of-adjustment push rods discovered during a Level 1 inspection.
The defendant driver testified that he conducted a thorough pre-trip inspection each morning, found no defects, and that the truck stopped without incident.
The court found that while the actus reus was established, the prosecution failed to prove the defendant's liability beyond a reasonable doubt.
The court determined that the defendant exercised due diligence in his inspection obligations and that there was insufficient evidence of a noticeable defect that should have been detected.
Additionally, the prosecution failed to establish vehicle ownership for the corporate defendant due to the absence of a certified Commercial Vehicle Operator's Registration Certificate.
Both charges were dismissed.
