Fax arrived too late
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• Derbyshire heavy haulier Heanor Haulage and one of the company's drivers, Paul Marriots, have been cleared of offences involving the operation of a vehicle carrying an 80-tonne abnormal and indivisible load some 22.8m long.
The company and driver had denied, before the West Mailing Magistrates, using an articulated vehicle when the train weight exceeded 38 tonnes and its length exceeded 18.35 metres on 25 February.
The court was told that, although notification of the movement had been given, the application had been refused. That refusal had been ignored by the company. Notice of movement had been tendered on 23 February and the following day the company was advised by fax that it could not move the vehicle. In reply to Jonathan Lawton, defending, Roy Robinson, an abnormal loads officer attached to the Kent Police, was unable to explain why there had been a delay in advising the company that its application for a movement order had been refused.
He agreed that the vehicle would have started its journey before the rejection notice had in fact been sent.
Arguing that there was no case to answer, Lawton said that there was no evidence that the fax from the police had been received by the company. The regulations that the charges had been brought under were inappropriate for a combination of the type concerned. The magistrates directed that defence costs be paid out of public funds.