Penalty Points For Overloading A Car With Passengers

Obtaining penalty points for overloading a car with passengers may seem somewhat harsh, however, in reality it can result in significant legal and financial consequences. It is, therefore, not uncommon for this offence to lead to a criminal prosecution and the endorsement of penalty points on your licence as well as a fine.

This article will detail the nature of the offence, sentencing guidance and options available to you.

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Send us a message or call us on 0333 443 2366 for friendly advice

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What Is Overloading A Car With Passengers?

There are actually multiple offences which all fall under the same heading of ‘using a vehicle in a dangerous condition. Broadly speaking they encompass the use of a vehicle that involves a danger of injury due to:

• Its condition
• The purpose of its use
• The number of passengers
• The weight of its load

You can overload a vehicle with passengers, just as you can overload a vehicle with goods. Most vehicles in the United Kingdom will have a very specific maximum weight capacity that should not be breached, carrying more passengers than were meant for the vehicle in question may cause you to be over this maximum weight.

It is also the case that you would be guilty of an offence should you be carrying more passengers than you had seatbelts for in the vehicle.

You should be able to find details of the vehicle’s maximum capacity and laden weight within the owner’s manual or the vehicle’s weight plate, which is often located in your door card or under your bonnet.

What Is The Legislation?

Section 40A of the Road Traffic Act 1988 specifically details the offences relating to weight and the carrying of passengers.

Importantly, it is not simply the number of passengers being carried that is of concern, but also the manner in which they are carried. Similarly, the weight of the load alone is not the only consideration but also its distribution and how it is secured.

Quite simply the legislation allows for the bringing of a charge in any case where the vehicle or its contents (people or otherwise) may cause some danger.

Section 100 of The Road Vehicles (Construction and Use) Regulations 1986 provides additional clarity on how loads should be secured. It is noted that you must ensure the load is secured with any necessary physical restraints and placed so that it is not likely to cause danger should it fall or be blown from the vehicle.

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Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

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Penalties And Sentencing For Overloading Your Vehicle

The offence of overloading your vehicle with passengers usually comes with a penalty of 3 points and a Band B fine. This fine equates to 100% of your weekly income and has a maximum limit of £2,500.

Should the offence be committed in a goods vehicle or passenger vehicle designed to carry more than 8 people, then the maximum fine becomes unlimited and the starting point is often much higher.

There is a further stipulation within the sentencing guidance that an offender must be disqualified from driving for at least 6 months if they have previously been convicted of an offence under Section 40A within 3 years prior to any new conviction under the same section.

It is clear that re-offending is severely punished in these types of cases.

What About Having More Passengers Than Seatbelts?

The nature of overloading your vehicle with passengers suggests that you are also carrying more passengers than there are available seatbelts within that vehicle.

This is in itself a separate offence under Sections 14 and 15 of the Road Traffic Act 1988. Should the individual not wearing a seatbelt be under the age of fourteen then the driver of the vehicle would be responsible and liable to a Band A fine.

It is not unusual to be charged with multiple motoring offences and as such carrying multiple passengers could lead to a number of convictions against you.

Why Is Overloading Your Vehicle With Passengers Dangerous?

Overloading your vehicle with passengers can cause a number of dangers on the road. Many of these relate to the capabilities of the vehicle itself, such as:

• A reduced level of control when overweight
• Increased stopping distances due to underrated brakes
• A compromise of safety for vehicle users due to a lack of seatbelts and airbags
• An overall greater risk of injury or even death

It is extremely important to comply with the regulations put in place to ensure the safety of all road users.

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Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

_______________________________________________________________________

How Can I Avoid Overloading My Vehicle?

It is important that you are familiar with the capabilities of your vehicle, including any weight limits and passenger carrying capacities.

Familiarising yourself with this information is the first step in ensuring you do not commit an offence.

This preparation can become more difficult in cases where your vehicle is overloaded with weight. Most people do not have access to a vehicle weigh bridge and you must therefore use your common sense to estimate the potential weight in your vehicle (i.e. you can carry more duvets than bags of rubble).

Many overloading and weight offences occur in the course of business when transporting goods or other materials. Whilst you may not be directly responsible for the loading of the vehicle in question, you are required to ensure it is safe to drive.

Do not overlook these checks simply because you are driving as part of your job role.

Could I Be Charged With Dangerous Driving?

Whilst not always the case, overloading your vehicle with passengers or exceeding its weight capacity could put you at risk of being charged with dangerous driving.

Dangerous driving is a serious offence under Section 2 of the Road Traffic Act 1988. If convicted, this offence is punishable by way of a mandatory driving disqualification and either a community order or custodial sentence.

The legislation on dangerous driving includes driving a vehicle that would be dangerous in its current state and that this would be obvious to a competent and careful driver. It could be argued that having an excessive number of passengers is clearly and obviously dangerous.

In order to avoid any risk, it is advisable that you comply with your vehicle restrictions.

What Options Do You Have?

If you are charged with an offence of overloading your vehicle with passengers, you may wish to present a defence. It may be the case that your vehicle has been correctly adapted to allow for the carriage of additional persons and the police are therefore mistaken.

Vehicle weight limits may also be in dispute, especially so if the vehicle has been converted or correctly uprated for heavier loads. This information can take some time to process through the DVLA system and may cause you to be charged incorrectly.

Whilst there are a number of instances in which you can defend this charge, it is more common for people to present some form of mitigation or special reasons argument.

One such argument could be that you are carrying additional passengers due to an emergency situation. If you have been left with no alternative but to drive with these additional passengers, the court may use their discretion to not impose sentence and find in your favour for a special reasons argument.

There are many different situations which may constitute strong mitigation or even a special reason. It is best to contact a legal professional to determine whether your case may benefit from such an approach.

______________________________________________________________________

Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

_______________________________________________________________________

Final Thoughts

Overloading your vehicle with passengers or exceeding its maximum weight can lead to the imposition of penalty points and a fine. In cases of repeat offenders, you will be at risk of a driving disqualification.

Whilst these offences can be tremendously impactful, there is a concern that you could be at risk of a much more serious offence, dangerous driving. The greater the risk or harm caused as a result of the overloading the more likely that you will be charged with dangerous driving.

Whether you deny committing the offence or were simply unaware that you were overloaded, it is worth speaking with a motoring specialist to determine what options you have.

If you are looking for expert legal advice relating to any of the above issues, then please contact our office on 0333 443 2366 for a free consultation.

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Neil Davies

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I am a criminal lawyer with over 25 years of experience and specialising in the defence of Road Traffic (driving) prosecutions and the founder and Senior Partner of Caddick Davies Solicitors.

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