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No proof of overloading

8th February 2001
Page 19
Page 19, 8th February 2001 — No proof of overloading
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Oswestry haulier David Ford, and one of his drivers, have been cleared of overloading offences after Magistrates found there was no evidence that the weighbridge had been tested for accuracy, Appearing before Newport Magistrates, Ford denied exceeding the permitted second axle and gross weights of a vehicle driven by Malcolm Pitt. He also denied charges that the tachograph had not been properly installed arid that a tachograph seal had been tampered with.

Prosecuting, Justin Evans said that the vehicle had been stopped in a routine check and taken to the Vehicle Inspectorate station at Coldra where it was weighed on a triplate weighbridge. The second axle weight had been exceeded by some 1,500kg and the permitted gross weight was over by about 2,200kg.

Traffic examiner Peter Jones also found that the tachograph seal had been tampered with, probably with a screwdriver.

However, Jones accepted that a large number of tachograph charts had been checked and no errors found, He conceded that unless the plate was short, the second axle weight could not be determined on a plate weighbridge. He had not tested the weighbridge for accuracy in accordance with the Code of Practice.

For Ford, Jonathon Lawton maintained that there was no evidence of failure to properly install the tachograph.

The magistrates dismissed the charges on overloading and on the failure to properly install the tachograph. However, they felt there was a case for the defence to answer in relation to the seal.

Lawton said that following discussions, Ford wished to change his plea to that offence to guilty. The magistrates fined Ford £100 and ordered him to pay £100 prosecution costs.


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