For the company, John Grierson said
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that the magistrates courts guidelnes suggested a fine of 2450 for a vehicle over 7.5 tonnes. There had been two previous problems with the speed limiter on that vehicle and documentation proved that the company had taken repairs to the speed limiter seriously, he added.
The speed limiter had been repaired by 4 April. The company had tried to rectify matters before the vehicle was stopped but Lex Commercials had had to order the cables so there was a delay Cutting the fine, Hedley said he took account of the facts that the VI had said there was no evidence of interference with the speed limiter; that attempts had been made by the driver to keep within the speed limit; and that there had been attempts to repair the limiter previously He also took account of the fact that the repairs had been completed before the notice of prosecution was received. The only aggravating feature was that the repairs were not done in time to avoid committing the offence.
The fine was way over the magistrates' guidelines, Hedley concluded, and he felt that the appropriate fine was below the suggested guideline figure.