Q I have been prosecuted for using a vehicle 2 tons
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overweight (gross) and with excess weight on the rear axles. I was fined for this offence and convicted also for the dangerous load. The prosecution was brought by the Weights .and Measures people and I am not sure that they are competent to judge that the load was dangerous. It was quite secure and there Was no evidence that anything was liable to fall off. Are these people entitled to prosecute on these matters? A It is difficult to comment on the dangerous load aspect of your query without :knowing more about the circumstances.
However, from what you say it would appear that the -conviction and endorsement for what you describe as a dangerous load arises out of the amount of the excess weight.
Section 90 of the Motor Vehicles (Construction and Use) Regulations 1973 provides that a motor vehicle should be maintained and used in such a manner as not to cause a danger.
Subsection (1) states "a motor vehicle, every trailer drawn thereby and all parts and accessories of such vehicle and trailer shall at all • times be in such condition . . and the weight, distribution, packing and adjustment of the load of such a vehicle or trailer shall at all times be such that no danger is caused or is likely to be caused to any person in or on the vehicle or trailer, or on the road."
Thus, if a vehicle is so overweight so that it can also be considered to contravene those requirements, a further offence under Section 90 can be considered to have been committed. Undoubtedly, this is why you have -been convicted for the load offence though reference to your notice of prosecution or conviction would confirm this.