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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10785
Experience:  30 years as a practising solicitor.
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I was stopped about three weeks ago (14th October) my own

Customer Question

I was stopped about three weeks ago (14th October) for driving my own van in Scotland while it was overloaded. It may be that I will be issued with a Court Summons as I was just over the point at which a fixed penalty would have been charged.
I have received no paperwork other than the prohibition notice that was then signed by the police when I had removed the excess.
If convicted will this be on Police records such that they will immediately know if they enter my registration number. I should add that I passed the test in 1962 , was convicted of speeding in 1963 (Fined �5) and have had a clean licence and no accidents since then.
My concern is not so much with overloading as I am now more aware of the weights of the timber I carry but I sometimes have loads that protrude past the rear of the van - properly secured and marked with a warning triangle (reflective). I have never been stopped carrying these loads but am worried that I will now be a target.
Thanks for your help. Alan.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

If you are stopped on suspicion of breaching construction or use regulations or for any other reason the answer to your question is, yes, the police officers do have access to the PNC and will be able to look you up. I don't k ow offhand if carrying loads that protrude from the back of your particular vehicle would offend the regulations but just because you have a prior conviction won't affect a decision as to whether to charge you or not. The police have to charge on a specific set of circumstances, not whether you have a record for something. You should not be targeted for this relatively minor offence.

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