Cook v Briddon Construction and use; load of exceptional length

112-mobilehome-logcabin-kithomes

Cook v Briddon
Divisional Court
12 June 1975

Case Analysis

Where Reported
[1975] R.T.R. 505; [1975] Crim. L.R. 466; (1975) 119 S.J. 462
Case Digest

Subject: Road traffic
Keywords: Construction and use; heavy goods vehicles; loading; road safety

Summary: Construction and use; load of exceptional length
Abstract: An indivisible load is not a load of exceptional length within the proviso to of the Motor Vehicles (Construction and Use) Regulations 1973 reg.9(1) if it will go within an articulated vehicle of standard length, namely 15 metres. An articulated vehicle 17.45 metres in length, including a 50-foot long trailer which was constructed and normally used for the conveyance of caravans of up to 42 feet in length, was used for carrying two caravans. The users were convicted of contravening Reg.9(1) of the Motor Vehicles (Construction and Use) Regulations 1973. On appeal, held, dismissing the appeal, that the caravans were not loads of exceptional length, since they would have gone within an articulated vehicle of standard length, and the users therefore did not come within the proviso to Reg.9(1). (Peak Trailer & Chassis v Jackson [1967] 1 W.L.R. 155 applied).
Judge: Lord Widgery, C.J.; Waller, J.; Kilner Brown, J.
Significant Cases Cited
Peak Trailer & Chassis v Jackson
[1967] 1 W.L.R. 155; [1967] 1 All E.R. 172; (1967) 131 J.P. 155; (1966) 110 S.J. 927; DC
All Cases Cited
Peak Trailer & Chassis v Jackson
[1967] 1 W.L.R. 155; [1967] 1 All E.R. 172; (1967) 131 J.P. 155; (1966) 110 S.J. 927; DC
All Cases Citing
Mentioned by
Patten v Redpath Bros Ltd
[1979] 1 W.L.R. 553; [1979] 2 All E.R. 108; [1979] R.T.R. 431; [1979] Crim. L.R. 187; (1979) 123 S.J. 165; DC
Legislation Cited
Motor Vehicles (Construction and Use) Regulations 1973
Motor Vehicles (Construction and Use) Regulations 1973 (SI 1973 )
Motor Vehicles (Construction and Use) Regulations 1973 reg. 9 proviso
Motor Vehicles (Construction and Use) Regulations 1973 reg.9(1)
Road Traffic Act 1972 s. 40
Road Traffic Act 1972 s.40
Road Traffic Act 1972 s.40(5)