Discharged for no blame overloadin
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Alan Price & Sons (Bargoed) and one of its drivers were given conditional discharges for 12 months after admitting overloading the rear compensating axles of an eight-legger.
Prosecuting for the Vehicle Inspectorate, Edward Lyons told the Avon North magistrates that when the tipper was stopped in a check on the A46 at Tolmartin last June the compensating axles were
found to be overloaded by 2,510kg (13.2%).
Appearing for the Company and driver Colin Selby, Andrew Woolfall said the company's vehicles were all fitted with onboard weighers. When the vehicle concerned was loaded with a powdered material at British Steel at Cardiff, Selby had had to remain in the cab.
He watched the on-board weighing devices as the vehicle was loaded and then visually checked the load, which appeared to be evenly distributed. He then confirmed that the vehicle was 800kg under its gross permitted weight by check weighing on the British Steel weighbridge before he left the site.
Arguing that the company had done all that it could to prevent such offences, Woolfall said that it had suppried the right type of vehicle for the load to be carried and it had gone to the expense of fitting weighers. The driver had used those devices and had also carried out a visual inspection.
It was impossible to determine axle weights using a static weighbridge. Woolfall added, and public dynamic axle weighers were few and far between.
He pointed out that the High Court had laid down that where defendants were morally guiltless of absoluteliability offences such as this, and had not been negligent, an absolute discharge was appropriate.
Woolfall produced a Commercial Motor report of a case involving James Booth (Bolton), where Sheffield Crown Court had quashed fines imposed on that basis.
However, the magistrates ordered the company to pay £490 costs.