Discharge for Tyson
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• A man who used his son-in-law's licence was given an absolute discharge, after admitting using a vehicle without an Operator's Licence before the Rochdale Magistrates.
Eric Got-forth, trading as Tyson Transport, of Failsworth, Manchester pleaded guilty to the offence and to exceeding the permitted train weight of a 38 tonne artic.
The driver, John Goldstraw, failed to appear to answer a charge of exceeding the train weight, and the magistrates found him guilty in his absence. DOT traffic examiner Keith Henry said that an artic driven by Goldstraw was stopped in a weight check in November. Goldstraw said he was employed by Garford. The trailer was loaded with waste and when weighed the train weight was 40,540kg, an excess of 2540kg or some 6.68 %. Prosecuting, John Heaton said an 0-licence identity disc displayed was not in Garford's name. Inquiries revealed that two years ago the Traffic Area was informed that Garford would be taking over Tyson Transport. Garford was written to, requesting the return of the 0-licence and identity discs. It was pointed out that he should apply for a licence in his own name.
When Garford arrived at the weighbridge, he admitted he was still trading and that he was being paid for the load. He had said that he was in dispute over an operating centre and he could not apply for a licence without an operating centre.
For the defence, it was said that Garford and Goldstrow were partners. Garford was the man with the technical expertise and Goldstraw the driver. Tyson Transport was set up in 1989/90 by Gariord's son-in-law. He left the business and notified the Traffic Area, as the Operator's Licence was in his name. Garford and Goldstraw continued to trade, but the paperwork left a lot to be desired.
On the day in question, the vehicle was on a regular contract. The defendants were not aware heavier-than-usual waste material had gone into the trailer, causing the overload. The contract was lost due to the problems caused.
Since the overload, Garford had suffered a massive heart attack and had had numerous by-pass operations. Doctors had told him he would never work again.
Garford was given an absolute discharge in relation to both offences and was ordered to pay £75 costs. Goldstraw was fined £75 with £75 costs.