90% overloaded axle 2

Convicted Driver Insurance

braveheart2023

New Member
I'm in the process of being summoned to court over section 40A of the road traffic act 1988 UK for overloading and my vehicle in a condition likely to cause an injury.

The police fixed penalty scheme didn't cover 90% overloading so they have referred it to the magestriate court for prosecution.

It's my first serious driving offence in 17 years no previous offences, or points the odd parking ticket.

I was slightly overloaded by 180kg on axle 1 but on axle 2 it was 2.6 ton!

I wasn't aware of no bent chassis or smoke coming from tyres or bouncing chassis. I drove for 160 miles (3 hours) without any problems and was going a bit slow to be safe around 45-50 mph in the inside slow lane when caught.

What is the likely outcome? Can you go to jail for overloading. What's in my best interest to plead guilty?

I believe the court just want there money not justice and the system is broke so it's best to do what they say and get out of jail and escape a lifetime driving ban?
 
there is 3 offenses 1. risk of injury 2. overloaded 1 axle by 90% and total axle overload of 77% wouldnt that qualify for dangerous driving rules and penalities especially as it was from London to Glasgow but nothing happen for 3 hours of driving 160 miles? I have been to court before for breach of peace with a person, what the laywers tell you and what actually happen are 2 different things in my experience.
 
can they disqualify you for a first offense? says on the gov guidelines that re-offendeing section 40A risk of injury within 3 years of previous conviction is a disqualification? Also, can sec 38 be used as a defense.
 
As previously stated they can disqualify for this offence.

As to defences I am afraid I could not comment. This is a drink driving forum giving general advice for that offence. To discuss how to defend a specific case such as yours you would need to instruct a lawyer, as that level of advice needs to be covered by legal privilege and the insurances which come with that.

Good luck with your matter.

Kind regards
Martin.
 
Martin Hammond said:
As previously stated they can disqualify for this offence.

As to defences I am afraid I could not comment. This is a drink driving forum giving general advice for that offence. To discuss how to defend a specific case such as yours you would need to instruct a lawyer, as that level of advice needs to be covered by legal privilege and the insurances which come with that.

Good luck with your matter.

Kind regards
Martin.
Click to expand...

They can only disqualify if the same offence has been commited in the last 3 years. If given a disqualification you can use the exceptional hardship rules to reduce the 12 points to a lower amount and even zero in some cases. For example if your a support worker supporting vunrable people and require to drive as a significant number of people will be affected by it.

There was no harm or injury involved its a projection of what could of happen, and what could of been the damage, which is why I'm pleading not guilty. I believe my vehicle was safe and secure driving an average of 45-50mph in the slow lane for a triple carriageway cannot be deemed as a danger as other vehicles were doing the same. Regarding, the number on the scales are incorrect according to my paperwork and my estimations.
 
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