How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask ScotsLawPro Your Own Question

ScotsLawPro
ScotsLawPro, Solicitor
Category: Scots Law
Satisfied Customers: 1290
Experience:  LLB (Hons), Dip LP, NP
13407762
Type Your Scots Law Question Here...
ScotsLawPro is online now
A new question is answered every 9 seconds

I have been charged with overloading a van, should i have been

Resolved Question:

I have been charged with overloading a van, should i have been given a print out showing the weighbridge was at zero prior to being weighed and handed the weight
on a print out. If you have any information on this point i would be grateful to read about it.

Thanks Richard
Submitted: 1 year ago.
Category: Scots Law
Expert:  ScotsLawPro replied 1 year ago.
Hi thanks for your question.

The print out should at the very least advise that the weigh bridge was calibrated before use. They sometimes state the manufacturers' unladen weight for the vehicle make and model. The weight displayed can then be shown as the difference , or the overweight value. You should be able to clearly see what the difference is and work out that the value was zero at the start.

You should also remember that this offence is non endorsable and does not affect your driving licence.
Customer: replied 1 year ago.

Thanks for the reply but it is still unclear. Should i have been given a print out showing the weighbridge scale is reading zero before being asked to drive on and being weighed.


Basically should i have two print outs. One stating zero and one stating the gross weight of my vehicle.


 


Also,


I have been given no paperwork nor has a calibration certification for the weighbridge used been quoted on any documents I have received. I have requested this subsequently but was told that my local harbour board (where the vehicle was weighed) is not part of freedom of information.


Just wondering if I can use any of this information to back up a "lack of evidence" from the prosecutor.


 


Thankyou

Expert:  ScotsLawPro replied 1 year ago.
When you drive on to the weigh bridge there should be something on the print out that tells you that the system was reset to zero . Most printouts that I have seen look almost like a breath test print out. There is a zero reading, then a calibration check, then the manufacturers' unladen weight for the vehicle, then the gross weight. Thereafter most of them have the difference between the two of them, I.e. the load weight. If there is nothing to show that the system was zeroed then they would need to bring along the weigh bridge operator to court to tell them that it was zeroed before the procedure started.

On the negative side, whilst I don't know the operating procedures of all weigh bridges in Scotland, there is one at a local paper mill near where I work that will not operate if the reading is not set to zero and supposedly cannot be overridden.

If there is no evidence that the thing was not zeroed then the case does not prove. In that case during the trial at the end of the crown case that is something that should be stated to the court by you or your solicitor in a no case to answer submission.
ScotsLawPro, Solicitor
Category: Scots Law
Satisfied Customers: 1290
Experience: LLB (Hons), Dip LP, NP
ScotsLawPro and other Scots Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    327
    UK Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    327
    UK Solicitor
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    226
    Solicitor and Advocate
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    26
    I am a practicing solicitor, specialising in litigation, employment and family law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    3851
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    2647
    Over 10 years experience in general legal matters
  • http://ww2.justanswer.com/uploads/matthewjones/2009-9-7_20342_picture_007.jpg Matthew J's Avatar

    Matthew J

    Solicitor

    Satisfied Customers:

    323
    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
 
 
 
Chat Now With A Lawyer
ScotsLawPro
ScotsLawPro
Lawyer
1290 Satisfied Customers
LLB (Hons), Dip LP, NP