Unsafe bikes trial collapses

Date published: 17 December 2008


AN Oldham trader has been cleared of flouting safety regulations after he was accused of selling unsafe quad bikes.

Vance Miller (42), was charged after 130 police and Trading Standards officers raided a warehouse in Oldham. Inside they found quad bikes which, it was claimed, didn’t comply with safety regulations.

But at Minshull Street Crown Court, Manchester, Judge Timothy Mort ordered a jury to return not guilty verdicts against Mr Miller after legal submissions over an expert witness’s evidence.

It emerged the problems levelled against the quad bikes were not serious enough to contravene the law on safety regulations.

The defence also said the bikes were seized as pre-delivery inspections were about to be carried out and that the bikes, imported from China, would not have gone on sale without being inspected by mechanics working for Mr Miller. The court heard there was paperwork to this effect at the warehouse.

Earlier, Darren Preston prosecuting, claimed faults included leaking fuel pipes, exhaust fumes vented in the rider’s direction, faulty brakes and steering and insecure batteries.

The prosecution claimed two bikes designed for children had foot rests near engine parts and unguarded drive chains.

During the trial, motoring expert David Griffiths said several of the bikes posed a “high risk”.

But, during cross examination, he conceded that the problems cited by the prosecution did not contravene safety regulations .

Mr Miller, who owns Kitchens, at Maple Mill, Cardwell Street, denied possessing dangerous products and putting them on the market, failing to adopt safety measures and carry out tests, and breaching a suspension order.

Had he been convicted, he could be fined up to £20,000 for each offence and imprisoned for up to a year.

But the prosecution offered no evidence and he was awarded his defence costs out of central funds.

Judge Mort ruled that, on the expert evidence available to the council, the case was properly brought, proportionate and in the public interest.

Cabinet member for environment and infrastructure Councillor Mark Alcock, said: “I am extremely disappointed. The collapse of this case has left Government-backed safety standards with a gaping hole.”

The Council is continuing to prosecute Mr Miller for other, unconnected, offences relating to the running of his Kitchens business.

That prosecution is due to go to trial in September next year.