A - Within GB legislation, driving is defined in the 1968 Transport Act as where ‘a person is at the driving controls of the vehicle for the purpose of controlling its movement, whether it is in motion or is stationary with the engine running.’ As the driver is deemed to be in control of the vehicle, this would be correct.
On the loose
Q - On a random gate check, one of our vehicles was found to have the dashboard and footwell filled with loose items and equipment which could move around freely. If the vehicle was stopped, what would the consequences be?
A - The Construction and Use Regulations 1986, Regulation 100 states:
“(1) A motor vehicle, every trailer drawn thereby and all parts and accessories of such vehicle and trailer shall at all times be in such condition, and the number of passengers carried by such vehicle or trailer, the manner in which any passengers are carried in or on such vehicle or trailer, and the weight, distribution, packing and adjustment of the load of such vehicle or trailer shall at all times be such, that no danger is caused or is likely to be caused to any person in or on the vehicle or trailer or a road.
Provided that the provisions of this regulation regarding the number of passengers carried shall not apply to a vehicle to which the Public Service Vehicles (Carrying Capacity) Regulations 1984 apply.
(2) The load carried by a motor vehicle or trailer shall at all times be so secured, if necessary by physical restraint other than its own weight, and be in such a position, that neither danger nor nuisance is likely to be caused to any person or property by reason of the load or any part thereof falling or being blown from the vehicle or by reason of any other movement of the load or any part thereof in relation to the vehicle.”
This means that the loose items and equipment would be considered a part of the load, and not just what was in the load compartment, and would need to be in such a condition that it was secure. As such, if this was deemed to be at risk of causing danger or injury to a third party by way of movement or causing a distraction to the driver which has an impact on road safety, the user of the vehicle could be prosecuted for breaching this regulation.
