Weighing code was not known
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Peterborough Heavy Haulage one of its drivers, and Redland Agg regates have been cleared of overloading charges arising out of the use of a Mercedes attic pulling a large bitumen container used on site.
Stafford magistrates were told that the vehicle was seen on the M6 by a police officer who believed that it was overweight. It was found that the third axle was 46.4% overweight; the fourth axle 158.6%; and the train weight of 54,460kg represented a 67.6% overload.
Police Sergeant Jennings weighed the outfit but was not familiar with the code of practice for dynamic axle weighers and did not know when the weighbridge had last been tested.
In reply to Geoff Davies, for Redland, a second police officer accepted the trailer was "engineering plant".
Arguing that there was no case for the defence to answer, Jonathan Lawton maintained that the way the charges had been drafted was defective. Davies said that there was no evidence to suggest that Redland was, or should have been aware of the offences before the vehicle went on the road. And it was some time after the incident that the company knew what had happened.
Defence costs are to be met out of public funds.