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Court rejects weight claim

3rd September 1992
Page 10
Page 10, 3rd September 1992 — Court rejects weight claim
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Which of the following most accurately describes the problem?

• Chester Magistrates convicted Hawick hauliers Hugh and Patrick Laing and one of its drivers of overloading a 32tonne artic, despite arguments that variations in the results cast doubts on the accuracy of the weight check carried out at the Dunkirk dynamic axle weighbridge. The two partners and driver John Foster had denied the offence.

Prosecuting for the DOT, Gordon Cowans said that when the artic, which was carrying logs between Hawick and Shotton, was checked at Dunkirk the permitted train weight was exceeded by 1,370kg (4.2%).

Defending, Trevor Jones said that when Foster had earlier check weighed the outfit it was found to weigh 33,560kg and a number of logs were removed. After being stopped at Dunkirk more logs were removed and the vehicle was allowed to proceed after reweighing had given a train weight of 32,680kg. However, when the vehicle was again weighed at Chirk in Clwyd, the train weight came out at 32,560kg.

Jones argued that the differing results threw doubt on the accuracy of the Dunkirk weighings, but Cowans pointed out that such a small discrepancy could be explained by fuel consumption and whether or not the driver was in the cab.

The magistrates fined each defendant £200 with £205 costs.


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