Overload appeal is lost
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• Heysham, Lancs-based JM Gory & Sons, and one of the company's drivers, have lost appeals against conviction by Abingdon magistrates on overloading charges.
The company and driver Francis MacAulay denied exceeding the permitted train weight of a 38-tonne artic by 5.2%. The company was fined £1,250 and ordered to pay £140 prosecution costs. MacAulay was fined £360 and ordered to pay £60 costs (CM 21-27 July). They appealed to Oxford Crown Court against both the convictions and the amount of the fines.
Evidence was given that the vehicle was stopped on the A34 and weighed on a dynamic axle weighbridge. The train weight was shown to be 40 tonnes. However, a tyre on one of the twin wheels of the rear nearside trailer axle was slightly deflated. The vehicle was weighed again two hours later after a tyre company had been called out to repair the tyre and the train weight was within 90kg of the first weighing.
MacAulay said that the customer confirmed that the load weighed 23 tonnes when he collected it from Salisbury For both company and driver, John Backhouse pointed out that there was a 350kg difference between the weights of each of the second and third tractor axles and 580kg difference between the weights of each of the two trailer axles between the two weighings.The deflated tyre would not have accounted for the differences between the axle weights in the two weighings.
In such circumstances, the weighbridge could not be presumed to be accurate without further evidence.
Given that the consignment weighed 23 tonnes when loaded, both company and driver were entitled to the statutory defence available when nothing had been added to the load during the course of the journey. Additionally, the increase in weight was less than 5%.
Judge Paul Clarke said that he was satisfied that the weighbridge was accurate and he ordered the company to pay £200 towards the prosecution's appeal costs.
However, Judge Clarke felt that the level of fines imposed was excessive, and he reduced the company's fine to £300 and MacAulay's to £100.