Q I understand that though there is no limitation on the
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height of vehicles or loads in the United Kingdom, it is possible to be prosecuted if a high load causes damage to overhead structures. Could you say in what circumstances such a prosecution might succeed?
A Successful prosecutions after high loads have caused damage to overhead structures such as bridges have been known when the case has been brought under Regulation 90 (3) of the Motor Vehicles (Construction and Use) Regulations 1973. Here it is stipulated that no motor vehicle or trailer shall be used for any purpose for which it is so unsuitable as to cause or be likely to cause danger to any person in or on the vehicle or trailer or on the road. In these cases, it has been held that the nature and features of the route must be taken into consideration in deciding the suitability of the vehicle and that this could not be established without having regard to these matters.