Nowhere to split-weigh axles
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• Though convicting Walling ford haulier David Pope of exceeding the permitted gross weight of a tractor unit, the Sittingbourne magistrates gave him an absolute discharge after hearing there was nowhere he could have checked the axle weights of his articulated outfit.
Pope had pleaded not guilty to the offence.
Evidence was given by Kent County Council Trading Standards officers that when Pope's artic was check weighed at the Boughton under Blean dynamic axle weigher, the combined axle weights of the tractor unit had been in excess of their permitted weight by 1,380kg---8%. They were unaware of any weighbridge at Dover where it would have been possible for Pope to check-weigh axles. There was, however, a weighbridge at Whitfield suitable for split weighing. It was conceded that that weighbridge was only open from 08:00hrs to the late afternoon and that Pope's vehicle had been check weighed at 07:40hrs.
Pope said his vehicle had been loaded with cheese in Germany, and because of the nature of the load he was unable to participate in the loading. He had no reason to suspect from the way that the pallets were loaded that there might be a problem over weight distribution.
Defending, Jonathan Lawton argued that the statutory defence that a driver was proceeding to the nearest available weighbridge to check the weight of his vehicle ought to be available in circumstances where there was no weighbridge available. The law should not require drivers to check-weigh their vehicles when it was not possible to do so.
The magistrates ordered Pope to pay £100 towards the costs of the prosecution.