Q We carry loose material on high sided vehicles and this
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we sheet to ensure that there is no spillage. However, I often see vehicles carrying similar loads which are not sheeted. I thought that this is now mandatory. Am I wrong?
No you are quite right. Regulation 12(b) of the Motor Vehicles (Construction and Use) (Amendment) Regulations 1976 has altered Regulation 90(2) of the 1973 C and U Regs to read —The load carried by a motor vehicle shall at all times be secured . . and be in such a position that neither danger nor nuisance is likely to be caused to any person or property by reason of the load or any part thereof falling or being blown from the vehicle.
If the load being carried is loose material, there is a likelihood of it being blotAill from the vehicle unless it is sheeted. Note, it is not necessary for the material to be actually shed and it is sufficient for there to be only a likelihood that it might for an offence to he committed.