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Gilders appeals against overload

13th October 1994
Page 22
Page 22, 13th October 1994 — Gilders appeals against overload
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Which of the following most accurately describes the problem?

• Gilders Transport is appealing against a conviction for overloading. The livestock haulier's decision comes after East Leigh magistrates rejected defence arguments that because a drawbar combination carrying sheep was on an EC journey, the EC weight limits should apply.

The Cheltenham-based company and driver Kevin Martin were charged with running a drawbar at a GTW of 37,630kg its UK plated weight was 32,520kg.

Defending, Jonathan Lawton said the plate showed three maximum train weights: a UK weight of 32,520kg; an EC maximum train weight of 40,000kg; and a design weight of 52,000kg.

Lawton argued that as the combination and its load of sheep were travelling to France, it was an EC journey and the EC maximum should apply.

The charges were brought under Regulation 80 of the C&U regs, said Lawton, but this regulation does not specifically refer to UK limits. It was clear that this was an EC weight journey and the EC weight should apply.

The magistrates fined Gilders Transport £500 withi:100 costs; Martin was fined £100.

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Locations: Cheltenham

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