Having picked up the rental semi-trailer, Sohal is stopped by a mobile DVSA unit and one of the DVSA officers notices a bald patch all the way around the centre of the tyre on the nearside rear axle. Who may be prosecuted for this offence?

Explanation: • Sohal: No, whilst Sohal can be prosecuted he is not the only person, so this is not the best answer.
• Sohal, his employer and the hire company: No, the hire company cannot be prosecuted as they are not "using" the vehicle in law.
• The hire company: No, the hire company cannot be prosecuted as they are not "using" the vehicle in law.
• Sohal and his employer: Yes, he may be prosecuted and his employer is "vicariously" liable for the acts of his servant (Sohal).

Category: CPC Case Studies: Legal Matters