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Alpha not to blame

8th October 1992, Page 13
8th October 1992
Page 13
Page 13, 8th October 1992 — Alpha not to blame
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Which of the following most accurately describes the problem?

• Manchesterbased Alpha Brick Transport and one of its drivers were given absolute discharges after Rochdale magistrates accepted the company was not to blame for a gross overload.

The company and driver Anthony O'Hara admitted exceeding the permitted gross weight of a vehicle carrying bricks.

Managing director Charles Hill said that they had relied on the customer's declaration of the weight, which turned out to be wrong for that type of brick. The customer had since uprated the weights declared but refused to confirm its mistake in writing.

Defending, John Backhouse argued that neither the company nor the driver had been negligent or blameworthy in any way. He produced Commercial Motor reports of a number of similar crown court cases in which it was laid down that an absolute discharge was appropriate in such circumstances.


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