Malcolm's fine slashed
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• Overloading fines of £1,600 unposed on Scots haulier WH Malcolm by Leyland nagistrates have been cut to £1,000 on appeal to Preston Crown Court.
The Paisley-based company had admitted exceeding the permitted gross weight of a 7.5 tonne vehicle by 20.6%, and the first and second axle weights by about 7.5%.
For the company, Roger Baldwin said that the magistrates had clearly imposed fines at a level appropriate for a heavy goods vehicle, when in fact a 7.5-tonne vehicle was not defined by law as an HGV.
Baldwin also argued that it was wrong to penalise the company for gross and axle overloads when the offences had arisen from a single error.
Judge Brian Duckworth said that while he accepted that the penalty guidelines for overloading such a vehicle were half that of a basic fine for an HGV, he disagreed that the company should only be penalised for the gross weight offence.
Granting only half the company's appeal costs, Judge Duckworth noted that Malcolm had written to the magistrates, instead of being legally represented. As such the company had to appeal because it had been the cause of the appeal by not pursuing the matter adequately before the magistrates.