Fines slashed
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• Split weighing as a method of determining axle weights has been attacked as inaccurate by a Crown Court Judge.
Judge Peter Fallon QC sitting at Bristol Crown Court said that it must be known to anyone educated to 0-level standard that split weighing was inaccurate. That was why dynamic axle weighbridges had been introduced. He substantially reduced fines imposed on 11 operators and a number of lorry drivers by the Avon North magistrates for overloading offences.
He said that it had been apparent at the end of March, when he dealt with 18 of their appeals, that there was a disparity in the level of fines imposed by Avon North magistrates compared with the rest of the country and that the magistrates had failed to appreciate certain matters that should be taken into consideration before deciding upon penalty.
Carlisle operator Alan Causer had been fined 2340 for a rear axle overload of 20.2% and 2600 for a gross overload of 7.6%. Reducing those fines to 210 and 2150 respectively Judge Fallon said the amount of the axle overload was highly suspect because the vehicle had been check-weighed on a conventional plate weigh bridge.
Irish hauliers CR McFerran had a 2600 fine for a second axle overload reduced to .250. Judge Fallon said the Western traffic area had not appeared to tell the court the extent of the overload. He felt that percentage was important when determining penalty.
He warned that it was very difficult with a five axle artic to judge how much any axle might or might not be overweight when the driver had used a conventional weighbridge. One of the big problems was that while there were plate weighbridges up and down the country one could not find available dynamic weighbridges.
EC Transport (Wimbourne) Ltd had fines of 2700 for a 15.16% second axle overload and £560 for a 8.82% gross overload reduced to 2150 on each. The company's driver Craig Bishop had fines of 2200 per offence reduced to 225 per offence. Partners Paul Kelly and John Clarke who had each been fined 2200 for a first axle overload of 30.4%, 2200 for a second axle overload of 29.5% and 2500 for a gross overload of 30.3%, had them reduced to 275, 275 and £50 each. Their driver Ernest Price had fines of 2200 per offence reduced to 225, 225 and .210.
J Barratt (Haulage) Ltd fined £400 for a 8.9% second axle overload and 2534 for a 6.8% gross overload had their fines reduced to 2150 and £100.
The company's driver Stephen Garside had fines of 2100 per offence reduced to 225 per offence. J Long & Sons (Haulage) Ltd, fined 2780 for a 19% first axle overload, had the fine reduced to 2200; Clifford Cummins had his 2200 fine changed to a 12 month conditional discharge.
Other operators to have fines reduced by Judge Fallon included Bicuchem Ltd, SD Graphics Ltd, RC Demolitions (Bristol) Ltd and Channel Plant Hire Ltd.
Channel Plant Hire, fined 2400 for a 12.58% second axle overload, had it reduced to 2100; it was said the vehicle had been checked on a plate weighbridge and the prosecution had decided to proceed on the axle overload but not on a gross overload of 9.4%. Judge Fallon expressed surprise, saying that that was the more accurate weight of the two.