Hope for 10 pc tolerance but 'due diligence' is out
Page 23
If you've noticed an error in this article please click here to report it so we can fix it.
• The Minister for Transport Industries may permit a 10 per cent tolerance on axle weights if a system can be agreed, but he has rejected a plea by the Road Haulage Association for a "due diligence" type of defence for Offences connected with the overloading of goods vehicles.
In letters to the RHA and the Freight Transport Association Mr Peyton says: "1 have reached the conclusion that to allow this fa 'due diligence' defence] would make enforcement too difficult and would be likely to add to danger on the roads. Any tolerance granted in such circumstances would tend to become the norm, and the safety arguments against this must remain—in particular any further overload would become all the more dangerous.
"I believe a more hopeful approach may lie in the possibility that there is sufficient scope within existing vehicle and tyre design parameters to permit with safety a temporary increase, of, say, 10 per cent on the authorized maximum axle weights, where the balance is upset by, for example, partial off-loading. This would, of course, be subject to the overriding axle limit of 10 tons, to avoid damaging highways. The Department is -in touch with both operators and manufacturers on this matter and if the discussions are fruitful, as I hope they will be, we shall have gone some way at least to solving operators' problems."
An RHA spokesman told CM on Wednesday: -Our committees must give further study to this matter but we can say in general that we are disappointed by the Minister's statement. We cannot understand how he could expect tolerances to become the norm if he allowed the 'due diligence' type of defence. Also, it seems iniquitous to us that an operator prosecuted for a weight offence when he has taken precautions against being overweight, can then have the offence taken into consideration when his 0 licence comes up for renewal.
For the ETA a spokesman declared: "We very much welcome the Minister's statement on a 10 per cent tolerance and hope this will be introduced as soon as possible."