Sussex wrote:
edders23 wrote:
I wasn't aware that not strapping a wheelchair in was a penalty point offence or is it because the wheelchair passenger was effectively riding without a seatbelt ?
Well that was my first thought, but having a look at my special book it appears section 40A of the Road Traffic Act 1988 gives you points if the way passengers are carried involves danger or injury.
Right again Mr Sussex!!
You little Encyclopaedia, you!!
As I live in Walsall MBC (but work in Birmingham), I decided to have a chat with the Walsall MBC Licencing Enforcement Officer today about this case & under what legislation this prosecution was brought.
I had a quick look in The Equality Act 2010 before I spoke to her & was pretty sure that the prosecution was brought under several sections of that Act, as it allows for even the positioning of a wheelchair in a taxi.
So I started with, "Was the prosecution brought under The Equality Act 2010?"
WRONG!!
"No," she said.
She continued, "It was brought under The Road Trafic Act 1988 & The Road Vehicle (Construction & Use) Regulations 1986."
I said, "Oh, er, oh, . . . which sections please?"
"Just a minute," she said.
And about 20 seconds later she came back to the phone & said, "Section 42 of The Road Traffic Act 1988 & Section 100 of The Road Vehicle (Construction & Use) Regulations 1986."
I said, "Thank you, that's very useful."
And there was me thinking it was under The Equality Act 2010.
I then researched both of these statutes / regulations & came up with the following, although the text of Section 100 of RV(C&U) Regs 1986 was nowhere to be found except for the brief mention below;
Road Safety Act 1988
42 Offence where regulations are contravened, etc
(1) Subject to subsection (2) below and sections 43 and 44 of this Act, a person who—
(a) contravenes or fails to comply with any regulations under section 41 of this Act, or
(b) uses on a road a motor vehicle or trailer which does not comply with any such regulations or causes or permits a vehicle to be so used,
is guilty of an offence.
(2) In any proceedings for an offence under subsection (1) above in which there is alleged a contravention of or failure to comply with a construction and use requirement relating to any description of weight applicable to a goods vehicle, it shall be a defence to prove either—
(a) that at the time when the vehicle was being used on the road—
(i) it was proceeding to a weighbridge which was the nearest available one to the place where the loading of the vehicle was completed for the purpose of being weighed, or
(ii) it was proceeding from a weighbridge after being weighed to the nearest point at which it was reasonably practicable to reduce the weight to the relevant limit, without causing an obstruction on any road, or
(b) in a case where the limit of that weight was not exceeded by more than 5 per cent.—
(i) that that limit was not exceeded at the time when the loading of the vehicle was originally completed, and
(ii) that since that time no person has made any addition to the load.
The Road Vehicle (Construction & Use) Regulation 1986
Section 100(1) requires:
(i) a motor vehicle, and all its parts and accessories;
(ii) the number of passengers carried, and the manner in which any passengers are carried in or on a vehicle; and
(iii) the weight, distribution, packing and adjustment of the load of a vehicle,
to be at all times such that no danger is caused, or is likely to be caused, to any person in or on a vehicle or on a road.
But there are also ample grounds under The Equality Act 2010 for bringing similar prosecutions.
Login
Register
FAQ
