Driver fined for doing his best
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• A truck driver who asked a policeman to direct him to the nearest weighbridge so that he could check the weight of his vehicle has been fined for overloading — and so has his boss.
Kendal-based haulier John Sharpe, trading as J&D Sharpe (Transport), and driver James Dow denied exceeding the train weight of a 38-tonner by 3,920kg when they appeared before Lichfield magistrates.
Dow said that he had picked up a load of wheat at Kerborough, just outside Lichfield, at about 18:30hrs. He had asked where he could check weigh and the farmer suggested the dynamic axle weigher at Wall, but when he arrived there the weighbridge was shut. A police officer stopped him and asked if he was looking for a weighbridge. When he said he was the policeman said he would open up the dynamic weigher. After the vehicle was weighed the policeman issued a prohibition notice and Dow returned to the farm to offload the excess.
Sharp said that the grain was being carried to Spillers at Birkenhead and knew that the trading standards department checked Spillers weight tickets every three months and pros ecuted anyone found to have been overloaded. That is why he always instructed his drivers to check weigh.
Defending, John Backhouse argued that no offence had been committed as Dow had been proceeding to the nearest available weighbridge. A list of weighbridges produced by trading standards showed only one other weighbridge, in nearby Lichfield, and that closed at 16:00hrs.
Caroline Sutton, prosecuting, said that Wall had a Department of Transport weighbridge but it did not have a self-weigh facility, and so could not be regarded as available". The fact that the police officer had the keys did not make it "available", she said. Wall was only available for enforcement purposes.
In reply, Backhouse maintained that Wall was "available" if the police could open it up. The driver's state of mind was important, and whether or not he was proceeding to the nearest available weighbridge had to be judged at the time he left the farm, said Backhouse. Even if the defendants were technically guilty, Dow had clearly made every effort to check weigh.
Magistrates found both defendants guilty but felt there was substantial mitigation. They fined Sharpe £200 and Dow £100 with £44 costs.