• Failure to follow the code of practice for dynamic
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axle weighbridges resulted in Welsh haulier Edward Hamer International and one of its drivers being cleared of an overloading charge last September. In January this year Carlisle Crown Court gave tipper operator Eric Nicholson an absolute discharge after he was fined £625 for an alleged 17% overload. He had been checked on a dynamic axle weighbridge. A previous High Court decision, in the case of Hart vs Bex, concluded that if a defendant was morally guiltless of an absolute liability offence like overloading, and had not been negligent, then an absolute discharge was appropriate.
Enforcement agencies weighing vehicles should do so according to proper codes of practice. The DoT is now updating its codes of practice but is unable to say when they will be published. However, copies of existing codes can be obtained from Alistair Mitchell, Vehicle Inspectorate, Bankhead Avenue, Edinburgh Mil 4YX (include an A4 SAE).