Charge not on the level
Page 17
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A MERSEYSIDE operator ha had a rear axle overloadin charge dismissed following th discovery that the approach an exit from a weighbridge wer uneven.
East Elloe, Lincolnshirt magistrates heard that the polic had stopped a Ford containE lorry belonging to James Byrn' t/a Major Motors, of Haydoc last May after an officer saw ti-“ the rear springs were flat.
The officer said he escorte the lorry to the Potato Marketin Board Research Station' weighbridge at Sutton Bridg and found that the rear axl weighed 5,440kg, 360kg mor than the plated weight.
Defending Byrne, Jonatho Lawton, called evidence whic showed that there was a raise piece of tarmac at the exit, and sloping concrete approaciThere was a 1.5in step immed ately before the step.
Lorry driver Peter Sellers tol the magistrates that he was cc tam n the approach to th weighbridge was uneven, an said the matter had stuck in hi mind for so long because he wa irritated by the police action.
The police officer did not reca the nature of the approach to th weighbridge, nor could he rE member whether it had a tarma exit. He said he used th weighbridge regularly, an added that he thought it wa level overall.
Mr Lawton said the de fendants' case simply was thz the weighing could not be acct. rate if the weighbridge was nc on level ground. The Iron wheels were on the tarmac an the vehicle was on a slope. The did not criticise the prosecutior but the evidence suggested th.E the summonses ought to b dismissed.
The magistrates dismissed th summons against Mr Seller and the prosecution subse quently withdrew its cas against Mr Byrne.