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Grossly unfair
Page 34
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We run building materials into London and return empty on vehicles plated at 29 tonnes and 32 tonnes. When returning the gross weight does not exceed 14 tonnes but we have been caught by a camera while crossing Tower Bridge and face prosecution because vehicles weighing more than 18 tonnes are prohibited from crossing.
Clearly, the camera detects vehicles on the basis of maximum gross weight rather than the actual weight we are running at. The same rule applies to many bridges in central London and is making our job impossible, especially as no central list is available of weight limits. Instead, you have to contact each of the 32 boroughs. What defence can we put forward? Bob Munro WR Munro & Co, Coventry Where local by-laws prohibit the driving of large goods vehicles on certain roads or bridges it is usually done by reference to the vehicle's maximum permitted gross weight and not by its actual weight on the road at the time of the alleged offence.
Before you can defend any of these prosecutions it must be established which weight is being prohibited in these cases. If the local bylaw prevents vehicles over a maximum permitted gross weight then clearly you will have difficulty in defending these cases as your vehicles are plated well above the permitted limit.
You could possibly try and rely on some form of technical defence based on errors in the prosecution case, but if you wish to do this you should seek legal advice.
If the legislation simply prevents vehicles above an actual staled weight then it will be for the prosecution to establish what your vehicle weighed at that time. If they have not weighed your vehicle this will be very difficult to prove and should see you being found not guilty.