Change overload law
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says RHA chairman THE Government should either change the law or exercise more restraint when bringing prosecutions against hauliers, the Road Haulage Association chairman, Mr Ken Hatcher, said at Tipcon on Saturday.
Tipper operators were particularly vulnerable to prosecution for overloading, he said. There were bound to be occasions when a loader at a remote site put on a bit extra and the driver had no way of knowing.
" It is manifestly ridiculous that in these circumstances the owner of the vehicle—who it will be noted is not making any extra money out of the surplus load—is prosecuted, heavily fined and worse still finds another black mark on his record when his licence comes up for renewal," said Mr Hatcher.
" It is well said that the law is an ass and respect for it is accordingly d imin i shed."
The RHA saw no difficulty in introducing an amendment to the laws that would protect members and drivers when they have taken precautions to prevent an offence being committed.
RHA secretary Mr E. W. Russel has written to the Home Office complaining that the police had effectively removed a haulier's defence to the charge of overloading by changing the wording of the charges from "causing or permitting" the overloading to " using " overloaded vehicles.
"Prosecutions on the latter terms deny operators the defence now available to them as a result of a -previous High Court case," said Mr Russel.