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Magistrates dismiss on mystery overload

24th June 2004, Page 32
24th June 2004
Page 32
Page 32, 24th June 2004 — Magistrates dismiss on mystery overload
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DESPITE PLEADING guilty to a "mystery" overload an operator and one of its drivers were both given an absolute discharge when they appeared before the Liverpool City Magistrates.

The company,Temple Motor Services of Wirral, was ordered to pay £85 towards the prosecution costs.

Prosecuting for the Vehicle and Operator Services Agency, Stephen Rogers said a three-axled tractive unit drawing a two-wded trailer loaded with pet food and driven by Paul Daley was stopped in a check at the Kingswayllinnel.When weighed, the second axle of the tractive unit was found to be overloaded by 1.5 tonnes, some 31.5%.

For both company and driver, Jonathan Lawton said the outfit had a permitted train weight of 41,000kg and the actual train weight had been 40,000kg. The load had been evenly distributed over the trailer and the overload was a mystery. The position of the kingpin had been checked and appeared to be in order. Lawton argued that the overload had simply been

undetectable by the driver as there would have been no impact on the brakes and steering. He said there was no publicly available dynamic axle weighbridge within a reasonable distance. He pointed out that it had never been parliament's intention that drivers should check weight on every load, but only when they suspected that they might be overweight.


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