Absolute win for Pandoro
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• Press cuttings from Commerical Motor were shown to the Birkenhead mag'strates to help Pandoro and one of its drivers win absolute discharges after they had admitted overloading offences.
Pandoro and driver Paul Montali pleaded guilty to exceeding the permitted weight of the compensating axles of a twin-axle semitrailer being hauled by a triaxled tractive unit by just under 12%.
Montali said that he had taken the curtainsider, which had a capacity of 23 tonnes, to collect three separate consignments for an Irish customer for delivery in Liverpool. The paperwork showed that the total load was a proper one for the vehicle and there were no weight distribution problems with the first two loads. However, on the third collection at Birkenhead Docks there were 17 pallets and he asked the staff to re-arrange the whole load. They did so after contacting the Irish customer for directions on how to do so. He weighed the load after it had been evenly distributed.
He had travelled only a short distance before being stopped, said Montali. Though the train weight was found to be slightly over, he was allowed to proceed.
Defending, John Backhouse said the load was well within the design capacity of the tractor and trailer. Customers were given a brochure which clearly showed the maximum load capability and this formed the basis of the contract with the customer, who knew very well that it should not be exceeded.
Producing copies of reports in CM of Crown Court cases dealing with overloading offences, Backhouse pointed out that the High Court had said that where defendants were morally blameless for absolute offences such as overloading, and had not been negligent, an absolute discharge was approprite.
The magistrates ordered Pandoro to pay £60 prosecution costs.