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Good system fails appeal

22nd October 1998
Page 25
Page 25, 22nd October 1998 — Good system fails appeal
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Keywords : Clitheroe, Law / Crime

• Clitheroe-based AJA Smith has lost an appeal against a 2600 fine imposed on the company by Leyland magistrates for an 18% drive-axle overload. John Backhouse, for the company, told Preston Crown Court that Smith's drivers were given written instructions about vehicle loading and there was regular training. The driver of the vehicle concerned had loaded coal from a hopper on a weighbridge. The total weight was well within that permitted and it was a question of distribution—the driver had failed to position his vehicle properly.

Dismissing the appeal, and ordermg the company to pay 2150 costs, Judge Brian Duckworth said he accepted the company had a good system but there had been two previous axle overloading convictions two years ago and the driver's mistake in misjudging the distribution of the ioad showed that no matter how good the system was, it had not worked on this occasion.

Tags

Organisations: Preston Crown Court
Locations: Clitheroe

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