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Sideguard regs queried Appearing before magistrates in Leigh, Lancs, the company denied the offence.

7th January 1993, Page 11
7th January 1993
Page 11
Page 11, 7th January 1993 — Sideguard regs queried Appearing before magistrates in Leigh, Lancs, the company denied the offence.
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The court heard that if the trailer had been hauled by a 32-tonne tractor no offence would have been committed, but the two-axled tractor was plated at 33 tonnes.

PC Graham Robinson, of Greater Manchester Police, said he had stopped one of the company's artics on the East Lancashire Road. The twin axled semi-trailer, which had been made in 1973, was plated at 31 tonnes. Sideguards had to be fitted to semi-trailers of artics with a plated train weight of 38 tonnes.

Managing director Robert Welch said the haulage industry was a very difficult industry in which to stay within the law. The regulations clearly stated that trailers that formed part of an articulated outfit with a 'relevant train weight" not exceeding 32,520kg did not re quire sideguards to be fitted. Plated weight was not referred to. To a reasonable person "relevant train weight" must mean the vehicle as it stood, which in this case was 32,520kg, being a two-axled tractor unit hauling a twin-axled trailer.

If the people drafting the regulations had wanted to refer to plated weight, they would have done so, he added.

Prosecuting, Jonathan Rhind said that the definition of "relevant train weight" in the regulations was the weight shown in Column Two of the Ministry plate, which in this case was 38 tonnes. Had the trailer been towed by a tractor plated at 32 tonnes it would not have needed sideguards.

After the magistrates found the case proved, Welch said the company had only been trying to obey the law.

The magistrates made no order as to costs.


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