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QWould you clarifya point which has arisen in connection with the use of one of our vehicles for carrying thither baulks measuring 141n. x I4in. x 40ft?
The vehicle concerned is a Bedford KEL lorry, fitted with a 16ft platform body. The distance between the centre point of the front and rear axles of this vehicle is 12ft 7in.
Our current practice is to load the timber baulks so that the front ends rest on an A-frame built into the headboard projecting 6ft forward of the headboard.
However, the DoE booklet — Code of Practice: safety of loads on vehicles — states in Section 4 and 11, that whenever practicable the load should be placed against the headboard.
Is our current practice contrary to Section 53 of the Construction and Use Regulations 1973, as the overhang exceeds 60 per cent of the distance between centre tines of the front and rear axles? If the baulks were loaded in accordance with the Code of Practice the overhang would definitely exceed the permitted maximum.
A. In Marston Services v Police (1934) 98 JP Jo 848, it was held that a vehicle could comply with the law concerning overhang although the load projects beyond the permitted distance. Although this is an old case its authority has never been questioned so we do not think you need worry about your loads projecting farther than that permitted by the overhang regulations. To put it simply, overhang relates to the vehicle and not to its load.
There are one or two points you should consider, however: —
(i) You must ensure that the way the load is carried does not infringe Regulation 90 of the Construction and Use Regulations; parts accessories and load not likely to cause danger. This in itself is a question of fact and provided no danger is caused or is likely to be caused then there is nothing to worry about over this regulation. (Basically, of course, this is what the Code of Practice — safety of loads — is all about.) (ii) Regulation 131 of the Construction and Use Regs respecting the marking of forward and rearward projections; the carrying of attendants; and the notification to the police of the movement of the load must be complied with if the projections exceed certain limits.
(iii) Overhang exceeding that which is normal will cause extra weight to be placed on the axle. We are sure you appreciate that axle loading must be watched to ensure that that which is permitted is not exceeded.