Q I have been reading the Safe Loading Code issued by
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the Department of the Environment last October; could you tell whether this code has the force tf law, and also when a load is considered to be dangerous in law?
A The Safe Loading Code does not carry the weight of law but is meant to provide a standard which operators should seek to attain. It is a guide of good practice. A dangerous load is not clearly defined in law but Regulation 76 (2) of Motor Vehicle (Construction and Use) Regulations 1969 states that the load carried on a vehicle or trailer will be secured or be placed in such a position that danger is not likely to be caused to anyone through the load or any part of it falling from the vehicle. However, it is not necessary for the load actually to fall from the lorry for an offence to be committed. If the load moves so that danger is caused then a successful prosecution might follow.
As well as the operator being charged with causing the vehicle to be used with a dangerous load, the driver may be held responsible for using it with the load improperly secured, although the loading had been done by some other person. In fact the person responsible for loading may also be charged with using the vehicle in contravention of Regulation 76. The final paragraph of the Regulation reads: "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."