Drivers were not involved in loading
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/Macclesfield magistrates has fined Barnsleybased civil engineer Clugston £550 for overloading the third and fourth compensating axles of an artic.
The driver of the vehicle, Donald Nixon, was given an absolute discharge. Both the company and driver were ordered to pay £20 prosecution costs.
DOT traffic examiner Duncan Pimblott said the vehicle concerned was carrying salt. When it was checked on a dynamic axle weigher the third and fourth compensating axles were found to weigh 2,628kg more than their permitted 18,000kg, an overload of 14.25%.
For the company, Peter Scholey said Hansons was Clugston's tipping arm. It was a large company with an impeccable record, the only previous conviction for overloading was eight years ago.
A total of 30 vehicles were working on a contract carrying I
1+1 I— 74
salt for ICI. Vehicles were loaded at ICI Winsford from an open air stock pit. ICI produces consignment notes showing the gross weight of the vehicle and the weight of the load. On this occasion the gross weight was 30,890kg, There were no facilities for checking axle weights in the vicinity; ICI had been asked on a number of occasions to consider installing a dynamic weighbridge, but unfortunately the suggestion was ignored. All the driver could do was simply observe the loading of the vehicle and check the consignment note.
Scholey argued that the company was morally guiltless and in such circumstances it ought to be given an absolute discharge.
In a letter to the court, Nixon said that at no time during the loading were drivers allowed out of the vehicle. They had no say in the loading and had to "shunt" the vehicle to distribute the load. On the occasion in question the salt was wet which made distribution difficult,