Absolute discharge for operator with overweight heavy goods vehicle

Darren Finnegan, instructed by Daniel McNally of Freeths, defended a company charged with using a goods vehicle which was 57% overweight.

 

The company had been told that they would be prosecuted for causing or permitting an overweight vehicle. Dan prepared a detailed pre-charge statement in response, exhibiting the comprehensive compliance and training systems in use prior to the incident. The DVSA, however, ultimately charged the company with using an overweight vehicle as opposed to causing or permitting it to be used.

 

This is a strict liability offence for which there is no realistic defence. However, Dan attended the British library to dig out a law report from 1957 of a Queen’s Bench case (not fully reported on the legal databases) which suggests that where there is no moral culpability for a defendant in such cases, the court should sentence by way of an absolute discharge.

 

Darren, representing the company at court, argued that there were no grounds to suggest that the authority should be distinguished or otherwise not followed and that an absolute discharge is the appropriate disposal. Costs were also reduced to 30% of what was originally sought by the DVSA.

 

This is an important case considering the recent high-profile fines given to haulage companies for operating overweight vehicles. The sentencing guidelines tell the court to impose a fine which increases by 10% for every 1% of overload beyond 10%. In this case, that would have been 470% which would have been an enormous sum given the size of the company’s turnover. Thankfully, however, the company was absolutely discharged.

For more information, or to instruct Darren Finnegan, please contact Senior Regulatory Clerk, Ty Price.