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Driver fined for load of contaminated soil

27th October 1994
Page 23
Page 23, 27th October 1994 — Driver fined for load of contaminated soil
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Which of the following most accurately describes the problem?

• The driver of a vehicle overloaded with contaminated soil, who did not hold an LGV driving licence, has been fined £125 by Rochdale magistrates. At an earlier hearing his employer, Edwards Excavations of Elland, was fined £500 (CM 22-28 September).

Prosecuting for the Department of Transport, John Heaton said that a 30-tonne tipper driven by Christopher Lumb was checked at the Thornham Island dynamic axle weighbridge. It was found to be 1,820kg (5.9%) overweight. Enquiries revealed that Lumb did not have a full LGV driving licence.

The load was unsheeteci and the traffic examiner only became aware that the soil was contaminated when the company was advised that the vehicle had been prohibited. He was told that the vehicle was carrying anthrax and

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the emergency services were called to the site.

Edwards director Martin Ashworth had said the soil was contaminated with heavy metals, including arsenic and lead. It was on a prescribed route known to the police and should have remained on that route. He said Lumb had told the company that he had just passed his LGV driving test and his licence had been sent to Swansea.

Lumb said that he had not been employed as a driver by Edwards, but as a groundwork operative. On the day of the offences a driver had not turned up and he was told by Ashworth to get in the vehicle and follow another wagon being driven by another driver. He knew it was wrong but he would have lost his job if he had refused.

Lumb was fined £75 for the overloading offence and £50 for driving with only a provisional LGV driving licence. He was ordered to pay £75 costs.

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