Prohibition defiance costs Licence firm and driver £375 revoked, then
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• A special type outfit drawn by a tractive unit, plated for 32 tons gross, can not exceed that weight, Widnes Magistrates were told last week.
Dawson's-Fargo Ltd, Leighton Buzzard, and one of its drivers, were prosecuted by the North Western Licensing Authority, for overloading and disobeying a prohibition order imposed by a traffic examiner. Fines and costs totalling £375.15 were imposed.
Mr Brian Greene, prosecuting, said the vehicle, a Volvo tractive unit plated for 32 tons gross train weight, pulling a special-type trombone trailer and carrying 12 concrete beams, each 51ft 6in. long, was stopped at Widnes on September 30, 1972, when en route to Sussex. The driver produced a movement control order permit from the Metropolitan police for a load of not more than 50 tons, but this was simply for movement control and the operator was responsible for complying with the weight regulations.
The vehicle was taken to a weighbridge where the gross weight was found to be 54 tons 18cwt and an immediate prohibition was imposed.
The prosecution contention was, that as the tractor was plated for 32 tons, to exceed this was an offence. Later the same day, the vehicle was allowed to return to Speke under police escort, to unload the excess weight. The following Monday it again set off on its journey with the same load, destined for the building of a bank at Duddington, Sussex, where it was again stopped. The company and driver were• subsequently interviewed but declined to comment.
Mr J. Appleton, defending, then submitted that the vehicle was not operating under the Construction and Use Regulations but under the Authorization of Special Types Order. The prohibition had been wrongly imposed and the summons should be dismissed.
After an adjournment to consider this the Magistrates ruled there was a case to answer and Mr Appleton then argued that if the outfit did not comply with the Construction and Use Regulations it should have the benefit of Article 20(p) of the 1971 amendment to the Authorization of Special Types Order, permitting the carriage of more than one indivisible load.
Mr Greene replied that where more than one indivisible load was carried the outfit must comply in all respects with the Construction and Use Regulations.
The Magistrates found the summonses proved and fined the company £200 for causing a vehicle to exceed its plated train weight and £50 for using the vehicle while under prohibition. An advocates fee of £50 and costs of £30.15 were also ordered to be paid.
The driver, Mr Leonard Smith of Wilford Avenue, Stony Stratford, was fined £10 on the overweight charge, £5 tor using the vehicle when under prohibition, and a total of £30 on three charges concerning drivers' hours and records.
It is understood that the firm is considering an appeal against, the convictions.