Weights appeal is lost
Page 18
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II Stoke-onTrent-based operator Baymex and one of its drivers have lost appeals against convictions for exceeding the permitted weight of a 38-tonner.
Baymex also lost its appeal against a £200 fine imposed by Stafford magistrates (CM 1723 May 1990). Driver Alan Leese, however, had a £75 fine quashed, and was granted an absolute discharge.
The West Midland Traffic Area's Nicholas Budgen told Stafford Crown Court that Leese's artic had exceeded its maximum train weight by 4.1% when weighed at the Doxey dynamic axle weigher. it was carrying lemons from southern Spain.
The defence had suggested that the weighbridge had been defective, but now accepted that it had been working properly. Instead the company's representative, Mark Eades, said Baymex's defence was that the weight had not been exceeded by more than 5%.
The CMR note showed a weight of 21,264kg. The vehicle had a tare weight of 15,600kg. The main overload had been on the centre of the three trailer axles, which was extraordinary, said Eades, as the truck had air suspension.
Dynamic axle weigher rules laid down a margin of error of 150kg per axle. That meant that for this six-axle vehicle 900kg should be deducted from the recorded weight, giving an overload of 670kg, or 1.7%.
Judge William Allardice said this made no difference to the defendants liability, but Eades remarked that because dynamic axle weighers were not infallible, a "slack" of 150kg an axle was built into the regulations.
Leese said the lemons had been weighed in boxes at the packing station. They were weighed again after being put on pallets, before being loaded on his vehicle.
A Customs check was carried out in Spain. A number of cartons were check weighed and the trailer was sealed. At Portsmouth, a further Customs check was carried out. About 30 cartons were checked for weight and found to be in accordance with the CMR note.
Questioned by Budgen, Leese said he could not account for the discrepancy of around two tonnes between the calculated weight and that found at Doxey.