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Inaccurate weigher?

8th December 1994
Page 39
Page 39, 8th December 1994 — Inaccurate weigher?
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Which of the following most accurately describes the problem?

One of my 16-tonne boxvans was stopped by police and taken to a weighbridge. It was not a weighbridge that appeared to be in regular use but was in a pull-in off the main road. The policeman had a key for the hut alongside.

The weighbridge was not big enough to weigh the whole vehicle so each axle was weighed and the figures added together. The policeman said the gross weight was over the limit. The weigh-scale inside the hut was the old type with a bar and sliding weights but the driver did not see it until after the weighing.

I do not think the vehicle was overweight and I have doubts about the way the police weighed it. I have received a summons for exceeding the plated gross weight.

A On the information given, 11 if you wish to defend the charge it appears your main defence will be based on the challenging the accuracy of the weighbridge and the way the vehicle was weighed.

The weighbridge used appears to have been the steelyard type and is probably quite old. In view of this and its apparent lack of regular use you should make sure the prosecution prove that it is accurate.

If you defend the charge you will have to attend court. When the policeman has finished giving his evidence you can question him about what he has said and obtain further information from him.

You should ask him how old the weighbridge is, what it is used for and whether the weighbridge has been certified by Trading Standards. If he says it has been certified ask him when and ask him to produce evidence of that certification.

The double-weighing used by the police is only reasonably accurate where the land on the approaches to the weighbridge is level with the plate. Any difference in the levels causes a transfer of weight and makes the calculations inaccurate.

Ask the policeman what evidence he has that the land is level. If you know the land is not level it would be worth taking a professional witness to prove that or taking a photograph of it to court.

The Department of Transport has published a Code of Practice for Conventional Weighbridges. Ask the policeman if he is familiar with it.

Go on to point out that paragraph 4 states: "Double weighing will be carried out only by a Trading Standards Officer whose professional qualifications and experience will enable him to give expert evidence as to the accuracy of this weighing procedure; or by a duly authorised officer at sites which have been examined and approved as suitable for double weighing by the local TSO, and who will, if necessary, be available to give expert evidence in court."

Ask the policeman if the site is approved as suitable for double weighing by Trading Standards. If he says it is ask him when it was approved and ask for evidence of it, There is also a Supplement to the above Code which is for use by enforcement staff. Among other things, it states that the officer must ensure that the weighbridge is in balance before the vehicle is driven on; that the vehicle should be moved smoothly on to the weighbridge and does not accelerate or brake violently; the weighbridge approaches must be reasonably level when weighing axles; the vehicle's engine must be stopped at each weighing and it be left in gear or with brakes applied. You could challenge the policeman about these.

lithe policeman cannot show the weighbridge is accurate, is unconvincing about double weighing and/or is not familiar with and has not followed the Codes, you could, at the end of the prosecution case and before you give evidence, submit that there is no case to answer because the police have not put forward a credible case.

If the court decides to continue the hearing, you should give evidence yourself about the matter and raise points to cast doubt on the prosecution case.

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