Insecure load fine halved
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• Fines totalling £740 imposed on Salford-based Storey Bros and one of its drivers for using a vehicle with an insecure load have been halved on appeal.
The company had been fined £500 by Wigan magistrates. Driver Stephen Warburton was fined £240.
Evidence was given that the company had carried steel for many years but never previously carried bars that had been greased or oiled, as these had been. It carried for the same customer about orKT, a month, and when it was asked to provide
a vehicle to carry steel bars, nothing was said to suggest that the load was different from usual. All the company's vehicles were equipped with chains, straps, ropes, sheets, and timber and nails: all that was needed to secure any load.
Warburton said he used the equipment provided, and had nailed timber down either side to stop the load moving sideways. However, he had not realised that there was any possibility of it coming off the back. He trav elled some distance with out any incident. He had only moved very slowly a short cliatance from a set of traffic lights when the accident happened and he was able to stop at once.
For company and driver, John Backhouse argued that the fines were more consistent with the most serious offence of using a vehicle in a serious condition.
Cutting the fines to £250 and £120, Judge Marshall Evans said the firm and driver were perhaps lucky that they had not faced allegations that no dangerous incident had been caused. It was clear that the magistrates approached the fines on the basis of the more serious offence. However, the driver could have been instructed to telephone if the load was unusual. Therefore, some blame attached to both company and driver.