Capacity issue in overloading case
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DESPITE evidence that a customer had misled a driver over the weight of a load, Henry Johnson (Packers & Shippers) Ltd, Chadderton, and one of its drivers were convicted of overloading by Knutsford magistrates last week.
The company and its driver, George Dissington, were both charged with exceeding the gross weight of a vehicle by 1 ton 4cwt and exceeding the permitted weight on the rear axle by I ton 17cwt.
In evidence, Mr Dissington said he had been instructed to collect a 10-ton load from Boxes Ltd of London. The consignment note showed 12 tons so he queried it with the loaders. They told him that it was merely a capacity description and that the actual weight was under 10 tons. He was held responsible for the weight of his vehicle by his employers and they had notified him of a proposed three-day suspension when the present offences came to light.
Mr D. E. Lucas, managing director of Johnson, said every care was taken to prevent overloading and it was the policy to discipline drivers who committed such offences. In that case the suspension had not been implemented because of the circumstances. Instructions had now been given that in future all loads should be checked on a weighbridge.
He produced a letter to the magistrates from Boxes Ltd which said the company had investigated the matter as best it could and it seemed that its people had rather carelessly misled the driver.
For the defendants, Mr. S. J. Lawton said neither the company nor the driver had any previous conviction for overloading. The company had done everything it could reasonably be expected to do to prevent such offences.
Fining the company £20 on each offence and the driver EN on each, the magistrate said the fact that the consignment note showed 12 tons should have caused the driver to check his vehicle on a weighbridge.