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THE CASE
Page 32
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Operator and driver fined for switching heavy load to van
THE DELIBERATE transfer of a full load from a broken-down 7.5-tanner to a van has cost a company 111,263 in tines and costs.
That decision led to a rear-axle overload of more than a tonne on a 3.5-tonne Mercedes panel van. Bolton-based Oliver Kay and one of the company's drivers. John Yates, pleaded guilty to the offence before the Rochdale magistrates. A charge of using the vehicle in a dangerous condition because of its weight was withdrawn.
The company was fined 050 with £148 costs:Yates was fined1250 with 1.115 costs.
Prosecuting for VOSA John Heaton said on New Year's EA-o the van had been stopped in a check at the Thom ham Island dynamic-axle weighbridge. It had probably been flagged in because it was down on the springs and the tyres were over-compressed.
When weighed. it was found that the permitted gross weight was exceeded by 1,596kg (45.6%); the
permitted first axle weight by 215kg (13.4%): and the permitted rear axle weight by 1,041 kg (46.5%). The tyres were of a lower rating and the overload would have affected the vehicle's braking.
Managing director Oliver Kay had said the load should have been taken by a 7.5-tanner, but it was found to have a flat battery so the load was transferred to the 3.5-tonne vehicle.
Defending, David Glover said the company, which transported fresh goods to the hotel and restaurant trade, accepted full responsibility. New Year's Eve had been the busiest day in its history and the decision to move the load onto a 3.5-tonne vehicle was taken by somebody not high up in the management chain.
The company now had an 0-licence for 26 vehicles rather than six, and had ordered 20 new 7.5-tanners to avoid this offence in future. Yates had driven the van for 15 minutes before he was stopped and had not reported any difficulties with its handling or braking.