Watch that the code of practice is followed
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• A recent overloading case involving Econofreight United Transport Ltd before Huddersfield magistrates suggests that operators do not always adhere to the Code of Practice for Dynamic Axle Weighers.
Econofreight unsuccessfully defended the case on the basis that there was doubt about the results of the weight check, carried out at the Ainley Top dynamic axle weigher by Department of Transport traffic examiners, because of the grossly abnormal variation between the weights of the first and second compensation axles of the trailer of the 38tonne articulated outfit concerned.
The first compensating axle was said to weigh 8,930 kg while the second was said to weigh a startling 11,510kg. The prosecution maintained that such variations between compensating axles were not uncommon.
The doubts about the correctness of the results at Ainley Top were reinforced, however, by evidence that, before the vehicle set off, 1.6 tonnes had been removed from the rear, after it was found to be over its permitted train weight, yet that appeared to have had the impossible effect of reducing the amount of weight on the tractive unit expressed as a percentage, if the Ainley Top weights were right.
A prohibition was placed on the vehicle at Ainley Top and the driver adjusted the load by moving around eight hundredweights about 12ft forward. The vehicle was then reweighed and the prohibition cleared.
Unfortunately, the till roll for that reweighing was not, available. It would have been a vital piece of evidence for the defence. It would have proved whether or not the variation between the weights of the compensating axles on the first weighing was abnormal or whether there was perhaps something wrong with the compensating mechanism.
Evidence was given by a senior traffic examiner that he had removed the till roll at the end of the weight check, and that was the one produced to the magistrates to prove the offence, because he felt the weight check was over despite the fact that a traffic examiner was left behind to reweigh vehicles that needed their loads adjusting before they could be allowed to proceed. He said that that was normal practice to give the driver a weight certificate when a vehicle was reweighed.
The latter is something that has been criticised in the past by leading lawyers in the transport field. Whatever the position in regard to the issue of a weight certificate, however, the code of practice cannot be clearer about the till roll, stating at paragraph 7(k) that the print roll should be left intact for the complete day's weighings (my italics) then removed, dated and retained by enforcement staff.
Many in the industry still have their doubts about dynamic axle weighing. Those doubts are going to multiply, and may well have foundation, if enforcement staff are going to ignore the Department of Transport's own code of practice. It would perhaps not be amiss to remind everyone of the provisions of the code, whose object is stated at paragraph one as to be to provide operators, drivers and road traffic enforcement officers with information on the correct setting up and operational use of dynamic axle weighing systems.
Paragraphs two to five inclusive describe the system, deal with verification procedures and the installation of the weighbeam, and need not concern us.
Paragraph six deals with the preparation for dynamic weighing. It states: The following step-by-step procedure should be carried out before weighing of vehicles commences (a) Inspect concrete apron, weighbeam and side plates for any sign of damage and misalignment; also ensure that the concrete apron is clear of debris (stones, etc) which would affect the weighing.
(b) Check that cable connector to console is clean and dry.
(c) Position console on a stable level surface and connect to main power source or battery (or similar).
(d) Switch on equipment and check Low (zero) and High (16.00 tonnes) readings using instrumentation switch or button. Leave equipment switched on for a minimum period of 10 minutes until figures remain constant.
(e) Re-check Low (zero) and High (16.00 tonnes) indications and make print-out. Weighing of vehicles should not commence until these indications remain constant.
(f) Instruct the police to commence stopping of vehicles for weighing. The site and approaches should be marked by signs in accordance with police advice.
(g) Officers called upon to operate the equipment should familiarise themselves fully with instructions in the manufacturer's handbook.
Paragraph seven deals with the weighing of vehicles. It states: The following procedure should be adopted for weighing of vehicles: (a) Vehicle to be weighed is to be stopped a minimum distance of six metres from the weighbeam on level approach; avoid stopping on uneven ground, eg with one or more wheels on the curb.
(b) Possible errors caused by surges in the liquid load of a single compartment unbaffied tanker should be taken into account.
(c) The enforcement officer operating the console is to recheck and reprint the Low and High indication, set the equipment in the dynamic mode and, where appropriate, set the direction selector switch to suit the vehicle approach. He must also press the totalisor button to ensure that any residual information in the totahsor has been cleared.
(d) Where vehicles under three tonnes unladen weight are to be checked, and the equipment has a Low Weight mode, this button should be depressed before weighing commmences.
(e) An enforcement officer should then instruct the driver of the vehicle to drive across the weighbeam at a steady speed not exceeding 2.5mph; during this run the driver must neither accelerate nor use his brake. This can normally be achieved by engaging lowest forward gear and driving at a tick-over speed over the weighbridge.
(f) The vehicle is to be observed at all times during the weighing procedure to ensure that a consistent speed is maintained. In the case of a foreign driver who cannot speak English it is desirable for him to be guided by an enforcement officer walking alongside the vehicle.
(g) If at any time during the weighing a driver accelerates above the permitted speed, thus causing a red print-out, or no print-out, to be registered, or if he uses his brakes to cause a sharp deceleration, the weighing should be disregarded and the vehicle weighed again until a satisfactory weighing and an all-black print-out is achieved.
(h) At the conclusion of a satisfactory weighing, with an all black print-out showing axle weights, the operator should press the appropriate button to give a summation of the axle weights. The registration number of the vehicle should then be written on the print-roll adjacent to the read-out.
(i) Each weighing is to be followed by a zero and high indication check which will be shown on the print-roll.
(j) Following weighing of the vehicle, normal Road Traffic Act procedures are to be followed in the light of the Weighing of Motor Vehicles (Use of Dynamic Axle Weighing Machines) Regulations 1180 1978. The prescribed Certificate of Weight should be issued to the driver. The recorded weights should be assessed in the light of the presumed accuracy limits, laid down in the Regulations, of plus or minus 150kg per axle, with a consequent accuracy limit on gross vehicle weight of plus or minus 150kg multiplied by the number of axles; compensating axles as usual, should continue to be assessed as a combined weight against the combined plated weights.
(k) The print-roll should be left intact for the complete day's weighings, then removed, dated and retained by the enforcement staff.
Paragraph eight deals with site requirements. It states: In order to minimise the effects of changing forces or loads being presented to the weigher, the standard level of approach and exit to the concrete apron should be constructed and maintained as follows(a) For eight metres either side of the weighbearn the levels should be within a tolerance of plus or minus three millimetres. Additionally the finished surface should not deviate from straight by more than three millimetres under a three metre straight edge.
Under the Regulations, dynamic axle weighers are presumed to be accurate unless the contrary is proved. Defence lawyers face an impossible task in so doing, even when there are genuine doubts about the accuracy of the results obtained, if vital information such as the results of a second weighing are not available. The Code of Practice was issued for a reason and it is beholden on enforcement staff to follow it to the letter.
*by budder