ON THE WAY TO WEIGH
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QOur drivers load at a quarry and are weighed on the platform bridge before leaving. They are then instructed to go to the dynamic weighbridge 13km away to check axle weights; this costs us time but last year two of our vehicles were check. weighed by the Trading Standards on the dynamic weigher we use. The drivers told the officers that they were coming to the bridge anyway. We were convicted. Can we appeal? PN, Winchester AFirstly you will have to get a competent solicitor to apply for leave to the court to appeal out of time.
There are statutory defences to overweight prosecutions and Section 42 (2) of the 1988 Act reads: "In any proceeding for an offence under subsection (1) above in which there is alleged a contravention of or a failure to comply with a Construction and Use requirement relating to any description of weight applicable to a goods vehicle, it shall be a defence to prove either: (a) That at the time the vehicle was being used on the road (i) It was proceeding to a weighbridge which was the nearest available one to the place where the loading of the vehicle was completed for the purpose of being weighed."
It goes on to say more, but if you can prove it was a regular occurrence for your drivers to use the dynamic weigher then you should not have been convicted.