Overloading

There are a number of offences concerning the use of vehicles, one of the most serious would be using a vehicle in a dangerous condition which is an offence that can be committed a number of different ways but, notably, if it is not loaded correctly.

Overloading of goods vehicles is also an area where specialist knowledge is required and can have different penalties whether you are the driver, the owner-driver or the owner-company.

Kellocks’ specialist team of Advocates have experience of representing drivers of goods vehicles and other commercial vehicles facing allegations of this nature.

Should you face prosecution as a result of an incident involving a vehicle that is alleged to be overloaded or carrying an unsafe load, then please contact Kellocks

The Law

Section 40A Road Traffic Act 1988

A person is guilty of an offence if he uses, causes or permits another to use a motor vehicle or trailer on a road when:-

a) The condition of the motor vehicle or trailer, or of its accessories or equipment; or

b) The purpose for which it is used; or

c) The number of passengers carried by it, or the manner in which they are carried; or

d) The weight, position or distribution of its load, or the manner in which it is secured,

is such that the use of the motor vehicle or trailer involvers a danger of injury to any person.

What am I looking at?

Mandatory endorsement of 3 penalty points. Unusually, the Court must also disqualify for at least 6 months if you have 1 or more previous convictions for the same offence within 3 years. An uplift of at least 25% is added to financial penalties for owner drivers or owner-companies.

For the non-endorsable offence of overloading, financial penalties increase to the penalty dependent upon the percentage of the overload.

Is Legal Aid available?

It is unlikely that Legal Aid will be available. However, if your case does satisfy the “interests of justice” test and you are financially eligible then Legal Aid may be available.

Contact us now and we can provide you with expert advice regarding Legal Aid eligibility or a fixed fee to provide representation.