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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69366
Experience:  Over 5 years in practice
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I run a very small insulation company, 3 vans 3,5 t each, one

Customer Question

I run a very small insulation company, 3 vans 3,5 t each, one was stopped by police: illegal tyre depth, no mot and overweight, what are the likely penalties and consequences?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

How badly overweight please?

Also, when is this in court please?
Customer: replied 3 years ago.

16% 400 kg, no court date is set yet

Expert:  Jo C. replied 3 years ago.
Thanks.

Have you been given an FPN?
Customer: replied 3 years ago.

For Jo C.


 


No


 

Expert:  Jo C. replied 3 years ago.
Ok. Thanks.

Are you a limited company please?
Customer: replied 3 years ago.

For Jo C


Yes, 3 employees, been running for over 3 years, no previous

Expert:  Jo C. replied 3 years ago.
Thanks.

If you can give me about an hour I can look up the offences. I'm away from my Wilkinsons right now but I should be back soon.
Customer: replied 3 years ago.

For Jo C


 


Hi still waiting for a reply

Expert:  Jo C. replied 3 years ago.
I'm sorry for the delay.

I did respond to this and it obviously did not upload. Its happening increasingly I'm afraid.

I will type it up again now.
Expert:  Jo C. replied 3 years ago.
Hi

Sorry for the delay. I will give you the outcome in stages as its easier to keep track.

In relation to the no MOT matter that is an offence against s47 RTA 1988 which you'll find here

http://www.legislation.gov.uk/ukpga/1988/52/section/47

It carries a fine only but it can be brought against both the driver and the registered keeper which would be the company here.
Expert:  Jo C. replied 3 years ago.
Tyres are covered by the construction and use legislation. You'll find a very helpful guide here

http://www.seat.co.uk/content/medialib/seat/uk/service-and-accessories/pdfs/Tyre-law-PDF/_jcr_content/renditions/rendition.file/tyre-law-pdf.pdf

But basically it carries 3 points and a fine. If these are three different vehicles then unfortunately they may bring three different prosecutions.

They can be brought against the driver and the registered keeper but obviously a limited company cannot have points as a limited company does not have a licence.

Expert:  Jo C. replied 3 years ago.
Over loading offends against s40 RTA here

http://www.legislation.gov.uk/ukpga/1988/52/section/40A

And that can be brought against the company as well but they have to show overloading was permitted. Obviously that is harder for the crown to show because drivers overload sometimes when their employers are elsewhere.

It carries points and a fine. You can be disqualified for overloading but it had to be pretty bad.


Can I clarify anything for you?

Jo

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