Shall we contest our 00 fine?
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One of our vehicles was stopped for a dangerous load and issued with a£30 fixedpenalty notice The vehicle was an articulated curtainsider with no internal straps other than the curtain straps. We believe the pallets, which were canying sacks of potatoes, would have sufficient weight to stop any movement. Should we contest the fine on a point of principle?
This could be a very expensive principle for the sake of a £30 fine. Even heavy pallets will move if there is sufficient momentum or a trailer overturns. Curtains are usually regarded as protecting, not securing, a load.
The Road Traffic Act 1991 states: a person is guilty of using a vehicle in a dangerous condition if he uses or causes or permits another to use a motor vehicle or trailer on a road when the purpose for which it is used, or the weight position or distribution of its load, or manner in which it is secured, is such that the use of the vehicle or trailer involves a danger of injury to any person.
A load on a vehicle must be secured, if necessary by physical restraint other than its own weight. It must be in such a position that neither danger nor nuisance is likely to be caused to any person or property.
A load is not, in itself, "dangerous., or "not dangerous". It is either "secure" or "not secure".
Tarpaulins, which provide weather protection only, should not be used as part of a restraint system. Sharp or heavy items can break through a tarpaulin sheet.