B&R loses on overloading•
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• An appeal by Barton & Redman against fines totalling 2700 for three overloading offences has been dismissed at Chester Crown Court. The company was ordered to pay 2150 costs.
Macklesfield magistrates had fined the company 2200 for a train weight overload of 4.3%, E200 for a gross overload of 8.8% and 2300 for a second axle overload of 13.3%.
Company director Thomas Barton said the vehicle concerned had been downrated from 32 to 30 tonnes and the return load of palletised bagged plastic granules was being carried on behalf of another haulier. Though the driver was employed as a mechanic he was an experienced man who had originally been a driver. Barton had assumed that the driver would have been aware that the vehicle had been downrated, and that he would have check-weighed if in doubt. The load had been arranged over the telephone and there was no gain to the company from the overload.
Questioned by Rhys Rowlands, for the prosecution, Barton agreed the company had not known exactly what weight would be carried. He maintained that it would be difficult for the driver to tell whether 18 or 20 tonnes had been loaded on the vehicle.
Dismissing the appeal, Judge Graham Jones said he felt that there was substantial culpability on the part of the company.
It was plainly incumbent on ' the company to enquire as to the size of the load and the type of vehicle required: that was not done, said Jones.
It was not sufficient for the company to rely upon the driver. He felt the magistrates had possibly assessed the degree of culpability.
The total fine was about half of what they could properly have imposed by strictly adhering to the sentencing guidelines of £340 per offence plus £20 for each 1% of overload.