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Overload laws 'unfair' RH)

17th October 1981
Page 8
Page 8, 17th October 1981 — Overload laws 'unfair' RH)
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Which of the following most accurately describes the problem?

ROAD HAULAGE Association secretary Eric Russell made a star last week against the "unfair" laws regarding the overloading vehicles.

At the RHA Scottish Area dinner in Glasgow, Mr Russell explained that the RHA had tried, but failed, to secure an amendment to the law s6 that a defence of "due diligence" would be come available to hauliei prosecuted for overloads whir occur in circumstances beyor their control.

In Scotland, only Sheriffs ar Procurators Fiscal must L convinced that unavoidab overloads can, and do, occur, said these occurrences shou not be treated in the same lig as overloads that are delibera and reckless.

Mr Russell then illustrated h point with an example: "Or such.example arises in the ca riage of whisky, vast quantitii of which are shifted wholesa from Scotland (and in Scotland

"The loading of this commo ity on lorries is carried out distillery staff under the watchf eyes of Customs official Neither the driver nor tb operator has any control ov the loading and neither knov the weight of the load. But if t1 weight proves to be excessil both are guilty of an offeni which is absolute."

Mr Russell called for ti prosecuting authorities to pros cute for causing or permittir overloads, against which there defence available to careful ar responsible operators and careful and responsible drivers

Tags

Organisations: ROAD HAULAGE Association
People: Eric Russell
Locations: Glasgow

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