Q I was interested in the question posed at the RHA
Page 44
If you've noticed an error in this article please click here to report it so we can fix it.
tipper convention about the liability to prosecution of a haulier's customer who is the actual loader of a vehicle which subsequently proves to be overloaded. Can such a customer be prosecuted. What is your opinion ?
A Section 40(5)(b) of the Road Traffic Act makes a person guilty of an offence if he uses on a road a motor vehicle or trailer which does not comply with the Construction and Use Regulations, or causes or permits a vehicle to be so used.
There are, therefore, three possible offences. These are: using a vehicle in contravention of the regulations; permitting a vehicle to be used in contravention of the regulations and causing a vehicle to be used in contravention of the regulations.
While it cannot be argued that a customer who loads a haulier's vehicle illegally is necessarily using or permitting the use of that vehicle on a road, it could be held that he was causing it to be used on a road in contravention of the C & U Regulations.
It is our opinion that, if it could be proved that when the customer loaded the vehicle he loaded it over its permitted weight, and that he then represented that the vehicle was properly and legally loaded, he might successfully be prosecuted for causing that vehicle to be used on a road in contravention of the C & U Regulations.
However, this does not relieve the haulier of the burden of making sure, and prosecution of the customer for " causing " would not prevent the haulier from a prosecution for " using " or "permitting."