Weighbridge code was not followed
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MI A failure to follow the code of practice for d y namic-axle weighbridge has resulted in Welsh haulier Edward Hamer International and one of its drivers, being cleared of an overloading charge.
The Llanidloes. Powys-based company and driver John Wynn Jones had denied exceeding the permitted train weight of a 38tonne attic by 4,150kg (10.9°6).
IX)T traffic examiner Simon Jenkins told the Biggleswade magistrates that the vehicle had been weighed in accordance with the code of practice at the dynamic-axle weighbridge at Sandy. Beds. However, when questioned by Jonathan Lawton, defending. Jenkins accepted that the all? note, which showed a weight of 20,500kg, was a contractual document which was required to be accurate. He agreed that if it was accurate the weight recorded by the dynamic axle weigher would be wrong.
Jenkins said he was not familiar with the internal workings of the weighbridge: when he had said it had been calibrated he had been referring to tests carried 4 )ut by the trading standards department. He admitted that Ir had done nothing to the weighbridge himself.
Lawton argued that the traffic examiner's failure to carry out the tests and checks required by the code of practice prior to weighing was a finidannental flaw.
He also pointed out that'lie trading standards accuray lt'st records produced also did :Lot comply with the code of pra-t
The magistrates directed at defence costs be paid out of tE b• lic funds.