nI have been told that a recent court ruling has
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held that a load is not necessarily unsafe and likely to be a danger, simply because it does not have any extra means of fastening, other than its own friction and adherence to the vehicle. Do you have any knowledge of such a ruling ?
A It has not been possible to identify the court ruling to which you refer, but it might not necessarily be one on which it is possible to rely in the event of a prosecution. So much depends on the court in which the ruling was given and the individual circumstances surrounding the vehicle and its load. In effect, it is better to judge each case on its own merit.
Regulation 90 of the Motor Vehicles (Construction and Use) Regulations 1973 deals with the use of a vehicle so as not to be a danger. Subsection (2) states that the load carried by a motor vehicle or trailer shall at all times be so secured or be in such a position that danger is not likely to be caused to any person by reason of the load or any part thereof failing from the vehicle or by reason of any other movement of the load or any part thereof in relation to the vehicle.
From this you will see that a load must first of all be secured, alternatively it must be in such a position that danger is not likely to be caused.
In other words, the load need not fall off the vehicle nor need it move on the vehicle for an offence to be committed. If the load is on the vehicle in such a manner as to be " likely " to be a danger, then there is an offence.
Obviously, an unsecured load can be construed to be likely to cause danger simply because it is unsecured.
In the event of a prosecution, consideration would undoubtedly be given to attempts to comply with the code of practice eelating to safety of loads on vehicles which is obtainable free from the Department of the Environment.