Police fail Dip practice
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/Cannockbased Carriers has been cleared of two overloading charges because the police failed to comply with the Department of Transport code of practice for static weighbridges.
The company had denied exceeding the permitted gross weight of a Ford Transit van by 960kg (27%), and the rear axle by 6,600kg (25%).
Police Constable Sylvester told Chatham magistrates that the van had been check-weighed at the Lucas CAV weighbridge in Rainham, Essex. The driver was advised to switch his engine off and apply the handbrake.
Questioned by Jonathan Lawton, defending, PC Sylvester said that he had not heard of the DTp code of practice. He was unaware of the manufacturer of the weighbridge, or of the procedure for switching it on. He knew that it had been recali brated after fire damage, but was unable to say when, or when any other tests had been carried out.
He was unable to produce any certificate from Trading Standards certifying the use of the weighbridge for enforcement purposes and did not know of any specific instructions for determining axle weights on the weighbridge.
Lawton said that the police officer was clearly unaware of important provisions of the code of practice. For example, the code suggested that the handbrake ought not to be applied. He maintained that the method of weighing adopted had been totally out of step with the code of practice from start to finish.
The magistrates ordered defence costs to be met out of public funds.