Magistrates' Courts
| Published date | 01 February 1985 |
| DOI | 10.1177/002201838504900101 |
| Author | J. N. Spencer |
| Date | 01 February 1985 |
| Subject Matter | Case Notes |
MAGISTRATES'
COURTS
WEIGHT PROBLEMS
Secretary
of
State for Transport v. Prince
There has been a large increase in the number of prosecutions for
using overweight goods vehicles. An example of such a prosecution
where an interesting defence was
put
forward was heard recently at
Dorchester Magistrates' Court.
Aroad check had been set up by the
Department
of Transport in
conjunction with the Dorset Police. In the course of the roadcheck,
anumber of vehicles were weighed.
One
of these was a Ford cargo
vehicle carrying a load of food containers. The resultof the check on
that vehicle was:
First axle
Second axle
Gross weight
3,170 kg
2,630 kg
5,800 kg
The vehicle was three months old. Plating certificates are only
issued after the first year. As no plating certificate had been issued
and the type approval provisions were inapplicable, the maximum
weights were governed by the manufacturers' plate.
The
manu-
facturers' plate on that vehicle showed the maximum weights to be:
First axle
Second axle
Gross weight
2,900 kg
5,200 kg
7,490 kg
The procedure used for testing the weight of the vehicle was as
follows. The vehicle was stopped at a six metre mark back from the
weighing plate. The driver was given specific instructions to engage
the lowest forward gear. He was to travel at a low speed without
braking or accelerating.
The
vehicle moved forward at about
normal walking pace.
The
Department
of Transport examiner
made it his practice to walk alongside in
order
to help ensure the
right speed of the vehicle. He recalled nothing unusual about this
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