Marshal your defences on the bridge
Page 40
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When you are considering a defence egotist overloading prosecutions your drivers must be fully briefed on weighbridge procedures for dynamic axle weighbridges, plate bridges and weigh pods if you ore to stand any chance of challenging the recorded weights_ If there has been any breach on the Code of Practice there may be a defence to on overloading prosecution.
To help with this, drivers should be issued with the following check list:
DYNAMIC WEIGHBRIDGE
II Was the concrete apron is clear of defects or debris? YES/NO II Was the vehicle positioned the minimum distance of 6.0m from the weighbridge on approach before weighing commenced? YES/NO 8 Were the site and vehicle level during weighing? YES/NO III Was the approach speed no more than 2.5mph? YES/NO • Did the vehicle accelerate during weighing? YES/NO 'Were the brakes applied during weighing? YES/NO II Was a request mode for a second weigh? YES/NO 8 If refused, did the officer sign the note to confirm this? YES/NO
8 If no adjustment of the load was necessary following the finding of an overload, did you proceed to the nearest available weighbridge to check again before adjusting the load? YES/NO
PLATE BRIDGES
• Did you remain in the vehicle during weighing? YES/NO
• Did you move the vehicle smoothly on to the weighbridge plate? YES/NO
11 Was the engine switched off and was the vehicle left in gear during weighing? YES/NO • When the individual axles were checked were the handbrake and foothrakes released? YES/NO • Did the weighing require two weighs la split weigh) to find the total weight for your vehicle? YES/NO • If the axle weights were measured, was the approach to the site level? YES/NO • Did you inform the weighing officer of any unusual characteristics of his vehicle or load? YES/NO Special care should be taken with vehicles carrying livestock; perishables or loads which rapidly deteriorate; highvalue loads; dangerous loads; abnormal and indivisible loads; and custom sealed loads. If any of the answers are NO then the drivers should give o full explanation as to why the code was not followed.
WEIGH PADS
• Was the spirit level shown on each of the weigh pads level before, during and after weighing? YES/NO WEIGHBRIDGES IN GENERAL
*Were you proceeding to the nearest avoibble weighbridge? YES/NO
• Did you tell the enforcement officer you were proceeding to o weighbridge? YES/NO • What was the distance travelled to the weighbridge when first directed to aweigh checks. miles.
In certain cases compensation may be payable if the vehicle is found not to be overloaded.
• What weights were displayed for: Axle b.. Axle 2 ....Axle
3..,. Axle 4.... Axle 5 ....Axle 6 Gross Train Weight....
What was the length of your vehicle? ft
• During weighing was the vehicle within the concrete apron surrounding the weigh plate at all limes?YES/NO THE INTERVIEW
The driver should be advised of their rights when being interviewed by the enforcement authority. This interview is voluntary and they are unlikely to be under arrest and should be advised of their rights to legal representation by the enforcement officer, The driver has to give his name and address if asked.
Before being questioned further, the driver should be instructed to obtain legal representation/advice. The operators will not normally be interviewed; instead he will receive a letter. This may lend to put pressure on the operator for a response by referring to the new type of caution and increased costs.
The basis principle of the Code of Practice is that the enforcement officer should give a clear statement of the rights of the individual and the powers of the police. If you receive a letter as on operator remember that the interview is voluntary. You have the right to independent legal advice: take it. A written reply is purely voluntary. Foiling to reply to the letter of to give an interview does not imply guilt in these types of offence.
If you are guilty you may have good mitigation which may persuade the enforcement authority not to prosecute but you need to present that evidence effechvely. Don't feel you must reply—consider your position and take advice.
CI by Gary Hodgson