Gary picks up an open-topped skip from an office refurbishment project. There is a mix of materials on the vehicle including old desks, filing cabinets and cardboard boxes. Despite Gary netting the load, some of the cardboard flies off the vehicle in transit. Who may be prosecuted?

Explanation: • The customer at the refurbishment site: No. the customer is not deemed liable in law as it was not him 'using the vehicle on a road'.
• Gary only: No. he would not be the only person liable to prosecution.
• No-one because Gary had netted the load and it was not his fault that some cardboard left the vehicle: No. the person or persons using the vehicle will always be liable for prosecution for any insecure load no matter what the circumstances around that offence. The fact that Gary netted the load might be given as mitigation but it is not a defence to the allegation.
• Gary and his employer: Yes. both of these people could be prosecuted for using a vehicle on a road with an insecure load'.

Category: CPC Case Studies: Legal Matters