13 replies to this topic

[Eurocopter]

So, today I saw something extremely bizarre. Basically a three door car pulled into a parking space. The five occupants exited the vehicle and where, for a few seconds, waiting at the boot. Then the driver opens the boot and a woman gets out and dusts herself down and they all went on their merry way.


As road traffic law isn't my forte, what offences, if any, did she or anyone else commit?

[eddtheduck]

are you having a laugh?

If you are serious then its a violation of construction and use regulations.

[Taffy]

This is something that natural selection will probably take care of if she does it on a regular basis...

Edited by Taffy, 07 January 2011 - 02:00 AM.

[Oystercatcher]

I can't remember the exact bit of legislation, sorry, but it's something along the lines of unsafe carriage of passengers/ load I think. My crewmate issued a Fixed Penalty Notice ticket for it a few months ago when we came across a family who thought it was fine to drive about with 2 adults in the front and 1 adult plus 4 children in the rear seats of a standard 5 door Volvo!

[Nelson]

Falls under S40A of the 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 :-

• the condition of the motor vehicle or trailer, or of its accessories or equipment, or

• the purpose for which it is used, or

• the number of passengers carried by it, or the manner in which they are carried, or

• 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 involves a danger of injury to any person.

Its an endorsable fixed penalty to the driver of 3 points and £60 fine.

Only time I've given one is when the driver of a transit was carrying a load of drunk mates in the back of his enclosed van along with all the tools of his building trade.

[Marty4]

Basically a three door car pulled into a parking space. The five occupants exited the vehicle and where, for a few seconds, waiting at the boot. Then the driver opens the boot and a woman gets out and dusts herself down and they all went on their merry way.

I just picture the scene looking like something out of Only Fools and Horses!

[Eurocopter]

are you having a laugh?

I am totally being serious. I saw it with my own two eyes.

[PC MacTablet]

Endorsement would be a CU50: causing or likely to cause danger by reason of load or passengers which can also be used when the passenger is in the car and not in the boot too!

Wasn't that long ago that people used to sit in the back of estates, hatch backs etc. and it was legal (perhaps not sensible, but not illegal either). Mind you may be it was a long time ago and I foget my age!

[D-J]

Would a no seatbelt offence also apply?

[MC1]

Would a no seatbelt offence also apply?

If the officer wanted to go down the route of issuing a FPN, he would have to choose which offence to issue it for, as multiple FPN's can't be dished out at once(as far as I'm aware). He could issue them a with summons though and let a magistrate look at all the offences. Although I'm open to correction.

[Lucozade]

as multiple FPN's can't be dished out at once(as far as I'm aware). He could issue them a with summons though and let a magistrate look at all the offences. Although I'm open to correction.

I'm glad you're open to correction because you're wrong. Mulitple COFPs can be issued and we don't have magistrates; they're Sheriffs.

[MC1]

I'm glad you're open to correction because you're wrong. Mulitple COFPs can be issued and we don't have magistrates; they're Sheriffs.

Ah didn't realise this is Scottish Law. Far as I'm aware multiple FPN's can't be given out in England and Wales. If that's incorrect as well I give up

[oddbod]

Would a no seatbelt offence also apply?

I doubt it as there isn't one fitted.

[Eurocopter]

Thank you for the replies folks it's greatly appreciated. You learn something new everyday