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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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Does legislator specify by wich means to secure a load when

Resolved Question:

Does legislator specify by wich means to secure a load when transported in a car,extending from the boot towards outside, please?
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.

Alex Hughes :

My name isXXXXX and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.

Alex Hughes :

Could you particularise the allegation in a little more detail?


Challenge of Notice 0322050007252420/03.03.2014

Offence Code RT88521

On at approximately 20:15 I stopped in front of my address

18,Tower Street Boston,

just to find that a Police car was doing the same behind mine.

After making me aware that I have a problem with the rear lights, Officer Collar No 1395 addressed about my bicycle that was transported in the boot of the car,extending towards outside.

I found that he was beliving it is a unsecure situation and does not respond to preventive behaviour on the road because of that.

Although convinced about myself that English is not a language barrier,was left speechless with consternation.

I here kindly ask you to analyse and find out that the mentioned offence did not exist.

In support of my affirmation please consider the following:

1.The Legislators leave at the driver's option by wich means to secure the load when transported in automobile.

2.Just because any straps/ties or bungee cords were out of sight cannot lead to the conclusion that the load- bicycle,explicitly- was not secured:

-first, the pedals acted like hooks towards the rear panel of the boot preventing outside slide.

- centre of gravity was projecting inside the boot.

-rear wheel wedged into the sharp angle created by boot floor and the back panels of rear seats.

3. By all this, any movement outwards and upwards was hindered

and in case of emergency by breaking load always is intending to move towards the front and not towards the back.

In vain outlined I that it was a just half a mile drive with smooth road cover and traffic at less than 25 mi/h,very well known by me so I coulded not be taken by surprise.

Additionally,at 60 and driving since I was 18, with almost no road events involved with, I wrongly was evaluated as at risk of carelessness driving, wich is not reality conforming,regarding this background of mine.

I am expressing here my deepest gratitude for attention paid to my writing in the hope that I was of help in finding the correct decision.

Yours faithfully,


ing T B Tulea


Alex Hughes :

Thanks for the additionsl information. I note that you've said the incident occurred in Boston. Could I confirm that this is Boston, England not Boston, USA? I am based in London.


Dear Mr Hughes,


yes, it is Boston Lincolnshire .What I would like to receive from you is to comb and give it a more professional approach to my writing - based on the information I provided to you.The moment of showing up in Court will come and I hope that with your help by reformulating the way I presented the facts, will help me achieve cancellation of the Police Offence notice.


Kind regards,


Tiberiu Brutus Tulea

Expert:  Alice H replied 2 years ago.

Thanks for the additional information. The law thst you are looking for is section 100 Road Vehicles (Construction and Use) Regulations 1986 which states:

"...(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..."

There is also some helpful guidance in the Highway Code about this issue which states:

"[98] MUST secure your load and it MUST NOT stick out dangerously. Make sure any heavy or sharp objects and any animals are secured safely. If there is a collision, they might hit someone inside the vehicle and cause serious injury"

In order for a prosecution to be successful the police would have to prove, beyond a reasonable doubt, that your bicycle was in a position likely to cause a danger or nuisance. The mere fact that the bicycle is in the boot is not enough for a prosecution to succeed: they have to prove danger or nuisance. Your evidence that the bicycle was secured and not protuding in the manner alleged will, of course, help you so will some photographs of the position the bicycle was in and the manner in which it was secured. The fact that you do not have a criminal record and have a clean licence will also go very much in your favour.

I hope this assists.

Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience: Partner in national law firm
Alice H and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Alex,


thank you for your attention to my detailed information and your professional answer.


If you don't mind, I would like you to comb a little my writing and send it back after.

I intend to hand it in when in court, as an additional mean to my modest plea - gain more eloquence by that.


Happy Easter! and


kind regards,

T B Tulea

Expert:  Alice H replied 2 years ago.
Its my pleasure and I would be delighted to assist in future.

Have a great weekend.

Expert:  Alice H replied 2 years ago.

I am following up our conversation to see how you got on with the issue. If you need any further help then please let me know - remember I am a qualified UK Solicitor and able to help on most aspects of English Law. I am London based and usually able to respond to your query very quickly.

Alex Hughes

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