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Absolute discharge granted

5th September 1991
Page 16
Page 16, 5th September 1991 — Absolute discharge granted
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Which of the following most accurately describes the problem?

/Glasgowbased McCall Bros (Transport) and one of its drivers were granted absolute discharges after admitting overloading the drive axle of a 38-tonne artic.

Penrith magistrates heard that the drive axle was 1,170kg (11%) over the limit.

Defending, Jonathan Lawton said that the tram weight of the vehicle indicated that the weight of the load of plywood had been evenly distributed down the platform of the vehicle.

Magistrates heard that driver George Clark had attempted to check his axle weights at Sheerness, but the weighbridge was not working.

It was virtually impossible to check the weight of the drive axle unless an axle weighbridge was available, said Lawton. There were only about nine public dynamic axle weighers, and five of those were on the South Coast. There was no way in which Clark could have been aware that his drive axle was overloaded.

Lawton referred the magistrates to various Crown Court decisions reported in Commercial Motor, in which it was laid down that an absolute discharge was appropriate when a company and driver were morally blameless for an overloading offence, and had not been negligent.

The magistrates ordered that the defence costs be paid out of public funds.