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Appeal against overloading fine dismissed
Page 25
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ROSTREVOR, Co Downbased Tinnelly International Transport has lost its appeal to Preston Crown Court against a fine of £2,750 which was imposed by the Leyland magistrates for overloading the compensating axles of a semi-trailer.
For Vosa, Rachel Faux said that on 9 May 2007, the 44-tonne artic, which was carrying a mixture of sand and fibre between Fleetwood and Bristol, had been escorted into the Cuerden check site by a Vosa-liveried patrol vehicle. When weighed, it was found that the permitted weight of the compensating axles of the semitrailer had been exceeded by 3,710kg (15.46%). The permitted train weight had also been exceeded by 1,250kg (2.84%).
The driver had said the trailer had been loaded by two shovel drivers and added that there were no weighing facilities at the loading point.
Although the delivery note stated "28 tonnes 700 kilos", it was difficult to see how the suppliers could state the weight of a bulk load so precisely.
Attempts by Vosa to contact the company for its comments had proved fruitless.
The company had eight previous convictions for overloading since 2003, the latest being in April 2007 when it was fined £3,000 for overloading the compensating axles of a trailer. This had been reduced to £1,200 on appeal.
For the company, Tim Deal said its record had to be seen in the context of operating 60 vehicles.
Dismissing the appeal and ordering the company to pay £250 costs, recorder Curran QC said that though conscious of the difficulties faced by hauliers in the face of rising fuel costs, he had to consider what might happen in the light of weight misclistribution.