In the defintion of a heavy motor car is the tailboard included in the measurement for the purposes of overhang?
Page 51
If you've noticed an error in this article please click here to report it so we can fix it.
ASection 190 of the Road Traffic Act 1972 defines a "heavy motor car." In general terms, it is a load-carrying vehicle of more than 3 tons ulw. This applies whether the vehicle is a lorry, a tanker, or a psv. Provided it is over 3 tons unladen weight and carries a load, it is a heavy motor car.
Regulation 52 lays down that the width of a heavy motor car shall not exceed 2.5 metres (8ft 21/2in) The next regulation states that the overhang must not exceed 60 per cent of the distance from the centre of the front axle to the forward points from which the overhang is measured.
Tippers are exempted pro vided the overhang does not exceed 1.15 metres (3ft 91/2in).
There have been court cases relating to tailboard overhang and in the latest, in our experience, the tailboard was included as part of the overhang. This is the one that courts are most likely to take account of, although, perhaps, the official definition of overall length might not support this view. In the definition, a tailboard which is let down in order to facilitate the carriage of, but which is not essential for the support of, loads which are, in themselves, so long as to extend at least as far as the tailboard when in the upright position, need not be included in the overall length. This, however, applies to overall length and does not appear in the definition of overhang. In an another court case, it was held that overhang relates only to a vehicle and not to its load.