Santa:
Roymondo:
Optimum:
I tried to get clarification on this from DVSA. I was told that being overweight was an " absolute" offence. i.e. there is no defence.That’s not what is meant by an “absolute offence”. The term means an offence which does not involve mens rea (i.e. “guilty mind/knowledge”). It doesn’t mean there is no defence.
It doesn’t mean no defence but the prosecution only needs to show that the accused performed the prohibited act. It is hard to find a defence for being caught overweight.
Two perfectly valid defences have already been mentioned. There are others.