In Q and A recently you speculated on the legal
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position of a haulier's customer whose staff had loaded a vehicle which subsequently proved to be overweight. What is your opinion about the liability of prosecution of the customer or his staff who load a vehicle from which part of the load falls while on the road? Could the company which loaded the vehicle be prosecuted? A Regulation 90(2) of the Motor Vehicles (Construction and Use) Regulation 1973 sets out the requirement that a load shall be carried in such a way that danger is not likely to be caused by it falling from the vehicle or moving on the vehicle. Section 40(5) of the Road Traffic Act 1972 makes it an offence to contravene the Regulation and Schedule 5 of the Road Traffic Act 1974 increases the penalty for contravention to £400. Like the overloading offence, using or permitting or causing a vehicle to be used with an insecure load are the charges which can be brought if a load proves insecure.