A One cleared on load
Page 16
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• A One Transport has been cleared of causing and permitting the use of a vehicle with an insecure load, following a chemical spillage that led to a three-hour closure of the lorry park at the Hamilton service area on the M74.
The vehicle's driver, Raymond Spencer, pleaded not guilty at Hamilton Sherrif's Court to using a vehicle when the load was not secured and in a position so that danger was not likely to be caused.
Evidence was given by police officers that they were called to the service area last July after Spencer had reported that his load of Diaminobenzene was leaking and that it was toxic.
Two police officers and Spencer were subsequently taken to hospital after complaining of sore throats, headaches, itching eyes and a tingling sensation.
Police Constable William Traynor said that he had examined the curtainsided semitrailer after it had been made safe by the fire service. There were 20 rows of four 45-gallon drums on the floor of the trailer and at the rear there were eight drums stacked on top.
Three of the front row of drums on top had tilted over. Straps to secure the load came from a runner along the centre of the trailer roof. The centre two drums were held by the straps but the outer two drums were not. In his opinion, straps could have been placed round the drums to stop them moving forward.
In reply to Chris Ardrey, defending, PC Traynor admitted that the straps could have been moved before he saw them.
But he said that even if a board, commandeered by the fire service to use as a platform on the bottom row of drums, had been used to secure the top drums in conjunction with the straps, it would be inadequate as it was not wide enough to cover all four drums.
Other police officers said they had not examined the load until after the fire service arrived as it was too dangerous.
Divisional fire officer Geoffrey Williams said that by the time he had seen inside the trailer, fire officers in chemical suits had righted the drums. He was shown a drum with a loose lid.
Following evidence from an analytical chemist, Catherine Dyer, prosecuting, conceded that there was no evidence to show that A One had caused or permitted the offence alleged against Spencer and that charge was dismissed.
The hearing was adjourned until 22 April.