Cranleigh cleared on overloading
Page 17
If you've noticed an error in this article please click here to report it so we can fix it.
• Surrey haulier Cranleigh Freight Services and one of the company's drivers have been cleared of overloading offences by Sittingbourne magistrates.
The company and driver Julian Croft each denied exceeding the permitted gross weight of a vehicle by 1,690kg--some 10°..
Prosecuting for Kent Trading Standards Department, Richard Pilborough said Croft's vehicle had been checked on the dynamic axle weighbridge at Boughton under Blean.
A statement was read to the court from a police officer, who interviewed a person described as the company's transport administrator, and was said to have admitted that the vehicle was being used on the company's business.
The magistrates upheld an objection from defence solicitor Jonathan Lawton that a
trading standards officer's statement that the weighbridge was properly opened before its use, should not be admitted on the grounds that it was "hearsay".
Trading standards officer Ted Albomugh gave evidence about the veh icle weighing. In reply to Lawhin, Albomugh said he had seen a consignment note carried by Croft that gave the gross and net weight of the load. If those figures were correct, the vehicle could not have been overloaded.
Alborough said that lw had not taken any action over the contents of the consignment note. lie conceded that there were reciprocal agreements within the EC, but said that it was the depart
ment's policy not to pursue enquiries of that nature.
Lawton said the police officer's con
versation with the transport administrator could not amount to evidence against the company. There was no evidence the person concerned was authorised to speak on behalf of the company.
There was no evidence that the weighbridge had been properly opened in accordance with the Code Of Practice For Dynamic Axle Weighers. The schedule of test runs contained two discrepancies, which meant the court could not be satisfied that the accuracy of the weighbridge had been properly tested.
Dismissing the charges, the magistrates said that it was a serious and difficult case but they were not satisfied that there was sufficient evidence.