Wrong charge
Page 59
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I was stopped by a police officer on a motorway who said the load of straw bales I was carrying was insecure. He said the offside corner of the trailer was lower than the nearside and, though he looked under the trailer, he could see nothing wrong mechanically. So I could continue the journey! rearranged the bales to lean the other way.
Next day, when the trailer was unloaded, I found a broken mono spring on the offside and I took photos of it. It appears the spring had broken in transit.
I have received a summons for using the vehicle with an insecure load. What do you advise ?
A If the leaning load was
due to a broken spring and not the movement of the bales of straw it appears you are being prosecuted for the wrong offence and you should plead not guilty. I assume no ropes were loose and no bales had fallen from the vehicle.
The charge against you is under Regulation 100(2) of the Road Vehicles (Construction and Use) Regulations 1986. In the circumstances you describe a charge would be more appropriate under Regulation 100(1) alleging the trailer, its parts and accessories were not in such condition that no danger was likely to be caused.
The police statement of facts alleges: "The load was insecure in that the top five rows of bales had moved causing it to tilt to the rear. One bale on the offside rear corner was protruding more than the others and had been individually roped."
From what you say, it seems the tilt was caused by the broken spring and not the movement of the bales. It is not clear how much the odd bale was protruding but it might be the protrusion arose in loading and the extra rope or whatever was used to ensure it did not work loose.
Your photographs of the unladen trailer tilting due to the broken spring will be useful evidence in court.
At court you should not indicate why you are pleading not guilty until after the prosecution has finished its case. It is only then you should submit that there is no Luse to answer because the tilt was not caused by the load moving but by a defect in the trailer.
If you tell the prosecution before that stage they might try and amend the charge.