Fined for under 10 0 /0 over
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• A Vehicle Inspectorate recommendation that overloads of less than 10% should not be prosecuted is only a guideline, and each case will be judged on its merits, said traffic examiner Duncan Pimlett, when A One Transport appeared before Macclesfield Magistrates accused of axle and gross overloads.
The court heard that when a drawbar combination loaded with cornflakes was check weighed, the second axle of the trailer was overloaded by 850kg, 8.5%; and the permitted gross weight of the vehicle was exceeded by 920kg, 5.6%.
For. A One, Christopher Charlesworth said that the vehicle and trailer were working on contract with Kellogg's. The trailer had been loaded within its gross weight but there was a distribution problem. The load was to the rear of the trailer, and some of the weight was being carried by the rear axle of the vehicle. Tithe trailer had been carrying more weight then the tow bar would have had a negative effect.
A One had taken steps to show Kellogg's how such loads should be distributed to prevent problems. To police it, all the drivers were required to check weigh two loads a week. The driver concerned had check weighed his vehicle for the previous month with no problems.
Charlesworth argued that the High Court had laid down that where a company was not morally guilty of negligence an absolute discharge was appropriate. He said that A One had made Kellogg's aware of the loading problems and had taken steps to check weigh sample loads. The two offences arose out of one incident.
Advice had been given by the VI that prosecutions for overloading ought not to be brought unless the overload was more than 10%, said Charlesworth.
The magistrates fined A One Y..400 and ordered it to pay £20 prosecution costs.