Load change leads to fine
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• Changing the format of a regular load without notifying Leicester-based Homes Overseas, led to the company and one of its drivers being ordered to pay fines and costs totalling 2200 for an overloading offence.
The company and driver Steven Preston admitted a first-axle overload of 1,270kg (20%) before the Wetherby Magistrates. Transport manager Christopher Blom said the company had taken on a contract to import cartons of milk from Belgium.
It was told that the loads would consistently weigh a certain amount, and the cartons had been check-weighed repeatedly in the first five months. However, in the summer the manufacturer decided to change the format of the commodity without informing HO.
Defending, John Hartley said the court had to decide to what extent a haulier was to blame. He referred to the case of E Dowse & Son (CM 18 October 1986), when Judge Saville had felt that an absolute discharge was appropriate when the haulier was blameless.
Hartley also read from Commercial Motor a report of the case of Garnex at Bolton Crown Court (CM 13-19 April 1989), in which overloading fines were quashed following evidence from a customer that his staff were at fault.
The magistrates fined the company 2100 and Preston 250, with 225 costs each.