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'Rumour has it we both received an absolute discharge'

13th October 1994
Page 52
Page 52, 13th October 1994 — 'Rumour has it we both received an absolute discharge'
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Which of the following most accurately describes the problem?

( am pleased to say that I am not familiar I with the workings of the magistrates courts. That in itself is rare with anyone running heavy goods vehicles, since even the most conscientious haulier finds it difficult to comply with the myriad of laws and regulations connected with road haulage.

However, it seems reasonable to expect that if you are unfortunate enough to fall foul of the law and are prosecuted in a magistrates court, then, as a matter of course, you should be told the result of the case. The question is, how long should you have to wait to be told the outcome of the court case: a week, a month?

My first brush with the law was in January this year when one of my lorries was stopped near Leeds and found to have an overloaded trailer axle. In due course, my driver and I were both summoned and the case heard at Weatherby Magistrates Court.

We pleaded guilty by letter and I waited in some trepidation, hoping that the court would take due account of the mitigating circumstances and conscious of the severity that even minor overloading offences are often met with. That was over six months ago. Rumour has it we both received an absolute discharge. The trouble is that no one has written to tell us Telephone calls to the court and the North Eastern Traffic Authority —in whose area the offence occurred — have confirmed the rumour so I assume it is true.

The Western Traffic Authority, however, who issues my 0-licence, merely have notification that I have been prosecuted for an overloading offence with no record of the outcome. Without the benefit of a lenient sentence recorded, this could be a serious black mark against me the next time my licence comes up for renewal. I can't help thinking that if the case had resulted in a massive fine the courts would have sent someone round by now to collect it.

Naturally, I think that British justice is a wonderful thing, so why the coyness? Why are ray requests for written confirmation being ignored? Maybe the failure to notify me in this instance was an oversight, but if it is, it could happen to anyone. Look on the bright side if you are charged with an overloading offence, don't worry. Just plead guilty that could be the last you ever hear of it!

• If you want to sound off about a rood transport issue write to features editor Patric Cunnane.


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