Summonses weighed up and dismissed
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DISCREPANCIES between two weighbridges and a failure by West Yorkshire County Council's weights and measures department to check them when this matter came to light, led to the dismissal of summonses against J. H. Myers Ltd, Clitheroe, and one of its drivers.
The appeared before Keighley magistrates last week on charges alleging an axle overload of an articulated tipper.
Prosecuting, evidence was given by an inspector of th West Yorkshire consumer pro tection service, that the vehicl was stopped and directed t the Keighley weighbridge o November 25, 1975. It wa found that the weight an th rear axle exceeded the plate weight by 1,580 kilos.
Cross-examined by Mr J. S Lawton, defending, the inspec tor agreed that, in tact, ther was also a gross overload o approximately the sam amount for which the defend ants had 'not been prosecuted The driver had produced conveyance note from Radian Roadstone Ltd showing th vehicle 'had been weighed at gross of 32,500 kilos, whic was within the legal weight.
No test certificate could produced for the Keighle weighbridge, but a second in speotor give evidence that was last tested on January 21, 1976. He said he did not kno its make and could not sa whether it had been servic between the test and the chec on Myers vehicle. He did no know what arrangements wer made for bridge maintenance.
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It was agreed that the Re land Roadstone bridge wa subject to the same checks, b lit was not known whether had been tested recently.
Mr Lawton submitted the magistrates should not fi that •a prima facie case ha been made out. Evidence ha been given that both weig bridges were subject to cont.
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and inspection but the weight tickets conflicted—one showed the weight to be within the legal limit and the prosecution were the people authorised and with the power to check. They had failed to make any effort to ascertain the cause of the discrepancies. In reply, the prosecution urged the magistrates not to consider the weight issued by the Redland Roadstone bridge.
The magistrates dismissed the summonses against both the company and its driver but refused a defence application for costs.