Mixed load success
Page 16
If you've noticed an error in this article please click here to report it so we can fix it.
SCOTTISH farmer Alexander Niven and two of his drivers had mixed success when they denied overloading offences before the Berwickon-Tweed magistrates after Weights and Measures inspectors had seized weight tickets from a weighbridge.
In the first case John Howie of Lowick and Mr Niven of Whitsome Hill, Duns, denied overloading a 38-tonne artic by 7,040kg, or 18.5 per cent.
Jonathon Foster, prosecuting, said that Mr Howie had driven the vehicle, which was carrying grain, from Horsley Hill to Berwick on August 27. He had parked in the lorry park adjacent to the Berwick weighbridge, and the vehicle was weighed the following day before delivering its load 100 yards away from the weighbridge. Divisional trading standards officer Gordon Gilroy admitted that a letter purporting to come from Mr Howie, admitting to his driving the vehicle on August 27, was unsigned. It was accepted that Mr Howie had not driven it on August 28.
Defending, John Backhouse argued that there was no case for the defence to answer. The weight ticket showed a particular vehicle drew a trailer over the weighbridge on August 28 — but there was no evidence that it was the same tractive unit that brought the trailer to the parking area the day before.
There was no evidence that Mr Howie drove the vehicle the day before and even if he had, there was no evidence what the train weight was, he argued. If a different tractive unit had been used, it could have caused the train weight to differ considerably.
It was also possible that additional material had been put on the trailer while it was parked up, to free a second vehicle, circumstances where the trailer did not have to go on the public road to get to the weighbridge.
In dismissing the charges, the magistrates indicated that they found the prosecution's evidence unsatisfactory. In the second case, drive: John Slater of Lowick and M: Niven denied exceeding tin permitted gross train weigh of a 38-tonne artic by 8,25( kg or 21.7 per cent.
Mr Foster said that M Slater had collected a load o shelled peas from a field check weighing at Berwicl before proceeding to his desti nation at Lowick silos.
Mr Gilroy said that th nearest available weighbridg was at Duns, 9.2 miles fron the farm, while the Berwicl weighbridge was 10.7 mile away.
Mr Backhouse argued tha there was a defence in that th
vehicle had gone to the near est available weighbridge t check weigh and it the proceeded to the neares practicable point to off-la the excess. The route sug gested to the Dun weighbridge was not suitabl for a 38-tonne artic.
The magistrates found th cases proved, fining Mr Slat( £75 and Mr Niven £15( They refused the prosecutio claim for costs.