Appeal to High Court after overload conviction
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• An appeal to the High Court by an owner-driver, Mr L. Borthwick, of Hartlepool, is under consideration following an overloading conviction by Hartlepool magistrates last week.
Mr Borthwick was one of five operators, each charged with 10 offences of overloading in similar circumstances in September and October last year.
Mr A. L. Vickers, prosecuting for the Northern LA, said Mr Borthwick's vehicle had been transporting rough slag from the South West Works of the British Steel Corporation at Hartlepool to the North Works, where it was processed by the purchasers, Tarmac Ltd. Checks, by DoE staff, of weighing records showed that Mr Borthwick's vehicle, plated at 20 tons, was overloaded by 6 tons 3cwt.
Mr J. R, Cheeseborough, chief clerk of Tarmac. said that vehicles were normally weighed at the North Works on arrival, but on this occasion the weighing took place at the South West Works. Cross-examined by Mr T. H. Campbell Wardlaw, defending, Mr Cheeseborough said that it was true that Tarmac issued notices to the drivers indicating that they must ac c ept the amount of slag loaded by the excavator-driver and would be dismissed if they argued.
Mr Campbell Wardlaw submitted there had been no evidence to show the vehicle had been seen on the road and that the prosecution had only produced weight tickets. The weighbridge evidence disclosed a criminal offence as it was used by a member of the public, Tarmac, and the attendant had admitted he was not certificated as required by the Weights and Measures Act and in these circumstances the weight tickets could not be relied upon.
The magistrates did not agree, however, and fined Mr Borthwick £10 with £16.05 costs. After notice that application for a case to be stated for the High Court would be made, the remaining cases were adjourned sine die.