Doubts cast on weight accuracy
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• Preston-based Demo and one of the company's drivers have been cleared of overloading a 7.5-tonne truck by Appleby, Cumbria magistrates.
The company and driver Stuart Imisson had denied using the vehicle in an overloaded condition on the M6.
Police Constable Timothy Payne said he had asked for the vehicle to be weighed at Libby's weighbridge and found the gross weight came out at 8,742kg. lmisson had told him that he had calculated the weight before leaving and had no reason to think the vehicle was overloaded.
Questioned by Jonathan Lawton, defending, PC Payne said that he had heard of the Code of Practice for Conventional Plate Weighbridges, but he was not familiar with it He had caused the driver to drive off and on the plate in stages. He had not instructed him to switch the engine off or not to apply the brakes. He had not issued a Certificate of Weight.
Charles Gertner, professional services officer of Cumbria Trading Standards Department, said the Libby weighbridge was accurate to a high degree. He agreed that he would expect his Trading Standards officers to carry out weighings in accordance with the Code of Practice. Imisson said the vehicle had been carrying three pallets of peat compost, each weighing one tonne. The vehicle was legally capable of carrying three tonnes, He had kept his engine running throughout the weighing and to the best of his recollection he had applied his brakes.
Lawton pointed out that there was nothing to corroborate the weight the police officer had said that he had found. Such corroboration was necessary, in view of the driver's evidence that the load could not have exceeded three tonnes. There was a specific requirement in the Code of Practice that the engine should be turned off. The engine had been left running and that must be sufficient to cast doubt on the accuracy of the weight found.
The magistrates found the case not proved and ordered that defence costs be met out of public funds.