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Butler not to blame
Page 20
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• Absolute discharges were granted to Clifford and David Butler, trading as Butler Skip Hire, of Wallasey, and one of their drivers, after Liverpool magistrates were told that a weighbridge at the vehicle's loading point was subsequently found to be faulty.
Prosecuting for the North Western Traffic Area, Bryan Green said that a vehicle driven by Stuart Andrews was stopped in a weight check and weighed on the Kingsway Tunnel dynamic weighbridge. The gross weight was found to be 33,590kg — an overload of 3,100kg. The compensating axles were found to have an overload of 2,750kg. Giving evidence, Andrews said that he had loaded the vehicle at the premises of Wirral Waste, where there was a single-axle plate weighbridge. He had parked the vehicle with its third axle on the weighbridge, having been instructed not to load the axle beyond 8,000kg, because it had been found that if that axle was right, the remaining weights should be within the permitted maximums. He said he had loaded the third axle to 7,500kg.
Defending, John Backhouse said that unbeknown to Andrews, another driver that day had been unhappy about the weighbridge. He had subsequently checked his vehicle elsewhere and found a substantial difference. The Wirral Waste weighbridge manufacturer's managing director was called to inspect the bridge and had decided that considerable repairs were necessary.
Backhouse argued that Andrews had done his best to ensure that his vehicle was not overloaded. In such circumstances, where no moral blame was attached to the defendents, it would be appropriate to give them an aboslute discharge.
The magistrates agreed but ordered the defendents to pay towards costs.