AT THE HEART OF THE ROAD TRANSPORT INDUSTRY.

Call our Sales Team on 0208 912 2120

BRiE" Axle device must work

27th February 1997
Page 16
Page 16, 27th February 1997 — BRiE" Axle device must work
Close
Noticed an error?
If you've noticed an error in this article please click here to report it so we can fix it.

Which of the following most accurately describes the problem?

• Hauliers have to prove that compensating axles are functioning properly if they are not to he prosecuted for exceeding the permitted weights of the individual axles, according to a recent court decision.

Johnsons Burscough, of Southport, Lanes, and driver James Booth denied exceeding the permitted weight of the second axle of a three-axlecl tractive unit when they appeared before Huddersfield magistrates, Axles two and three on the tractive unit were fitted with a compensating device.

John Backhouse, defending, argued that when a vehicle was fitted with a compensating arrangement the regulations laid clown that it was the sum of the permitted weights of the axles concerned that should not be exceeded—not those of the indi vidual axles. He said that the test of whether a compensating device was fitted in accordance with the regulations had to be satisfied at the time the vehicle was originally constructed, and that thereafter there was a presumption that it satisfied the requirements for such a device.

Ryaft Singh, prosecuting, maintained that the device had to continue to satisfy those requirements at all times. If, as in this case, one of the axles bore an excess weight of two tonnes and the other was light, that indicated an abnormal variation of weight which took the vehicle outside the compensating-axle provisions, he added.

After the magistrates had convicted both the company and the driver, Backhouse pointed out that neither of them knew or could have known that the compensating device was not functioning properly at the time.

The magistrates granted both the company and its driver absolute discharges, making no order as to costs.

Tags

Locations: Southport

comments powered by Disqus