Overloading appeal
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• Barnsleybased operator James Durrans (Transport) is to appeal against a 2430 fine imposed by local magistrates for overloading the second axle of a 17-tonner — even though it admitted the axle was 690kg (6.6%) over its weight limit.
Director Charles Durrans told Barnsley magistrates that all the company's depots had weighbridges and drivers were told to weigh when entering or leaving the premises. The driver of the vehicle in question had ignored the rule.
He showed magistrates a leaflet given to all drivers and said that regular meetings were held with staff. He also pointed out that drivers were paid a bonus of 2300 for getting through the year without problems.
The company had to rely on drivers to do a professional job. If a driver took a risk, it was too late for the firm to do anything other than take retrospective disciplinary action, said Durrans. The driver of the overloaded vehicle was no longer working for the company.
John Backhouse, defending, said the law meant that employers of a driver who had committed an overloading offence were automatically guilty of the same crime. However, a test case, Hart v Bex, indicated that if a company was blameless, an absolute discharge was appropriate.
He showed the court copies of Commercial Motor reports where Leeds Crown Court had followed this principle in 1986 (CM 18-24 October 1986), and referred magistrates to another story where Exeter Crown Court had also accepted it (CM 22-28 November).
The company had gone to great expense to install weighbridges and ensure drivers used them.
The firm was fined 2430 with £50 costs.