Load appeal denied
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• Hull Crown Court has dismissed appeals from five of JR
Range Transport's drivers who claimed they were fined after unwittingly transporting abnormal and indivisible loads without the correct markings.
John Cavanagh, Stanley Heatley, Brian Manley, Richard Bate and Richard Martin, had each been fined 1:250 by the Howclen magistrates.
The court was told that each of the five vehicles had been carrying a portable building in March 1993. A police officer noticed that the vehicles were inadequately marked. When he approached the drivers, they claimed that the loads did not require marking in the way suggested by the police officer, producing a copy of the relevant regulations. However, the regulations concerned had been altered 12 months previously, and when that was pointed out to the drivers they put on the correct markers, which they had available.
For the five men, Jonathan Lawton said that they were highly complex regulations and the drivers had been entitled to rely upon the information given to them by their Highbury, Londonbased employer, He pointed out that the High Court had laid down that where there was no moral blame or negligence in cases of absolute liability such as this, an absolute discharge was appropriate.
Dismissing the appeals, Judge Barber said the drivers were professionals and they were obliged to be aware of the law and its changes.