Drivin along the other week took a corner a bit to fast. This caused load to move, which bent out pillars on the trailer. Pulled into the first safe secure place where i coulsd get assistance.
After pulling into yard police pulled in behind me. They said Joe public phoned and complained. They are reporting me for unsecure load. Have been told by other drivers that the load has to physically fall of the trailer. Is this true
Also reporting me for a protruding load more tha 305mm, load was protruding by about 480mm.
They also took that days tacho and the tachos for the week before have also been told shouldnt have done this.
Ant help or advice greatly received, what is the worst I could be looking at if convicted.
I would take some advice mate… speak to the union or take advantage of the free 30 mins advice most solicitors offer
A few years ago I was carrying packs of timber when the bottom pack collapsed causing the whole stack to lean over the side of the vehicle at an angle that looked to defy gravity 
I got to the side of the road and blocked the pavement to stop anyone walking underneath , when the Police turned up they were of the opinion that the load was not insecure as although it had moved the load restraints had kept it on the vehicle meaning the load restraints had actually done there job !!
I dont actually agree with that, as too me if the restraints had been correct the load shouldnt have moved at all, but seeing as how it meant I wasnt getting a ticket or summons I didnt argue the point !! 
I too was of the opinion that for a load to be deemed insecure there had to be a likelyhood that the load would fall from the vehicle.
Being reported for the side overhang sounds to me like he was hedging his bets to get you one way or the other. Hardly in the spirit of things is it 
Baxter,
The officer is in his rights to report you for a protruding load if it exceeds 305mm as it is deemed a pedestrian or other vehicle strike risk. However it is a little harsh to do so especially as you where returning straight to your yard to deal with the load in a safe environment. There argument would be though that you should have pulled in at the first safe place and either secured the load or called for assistance.
With regards the load actually having to fall off the lorry before it is deemed insecure I wouldn’t be too sure about that. You have a responsibility to ensure that your load is correctly secured and weight spread on the axles is within operating limits for the vehicle. If an officer or Vosa stop you and beem a load to be unsafe they are in their legal right to report you, this is fairly unusual though but does happen.
With regards Tacho’s no Police or Vosa officer have any legal entitlement to remove tacho’s, the can inspect and copy at the scene but in removing them are effectively making you break the law as you no longer have a demonstratable record. When I have had mine inspected in the past I have asked the officer who removed the disk to sign the rear and provide his badge number.
This might help.
R. An officer is empowered to inspect and copy as outlined below under the Transport Act 1968
- An officer, may on production of his authority (if requested) require any person to produce, and permit him to inspect and copy
a) Any book, register, or record sheet which the driver is required by the regulations to carry or have in his possession or preserve.
b) If that person is the owner of a vehicle to which this Part of this Act applies, any other document of that person which the officer may reasonably require to inspect for the purpose of ascertaining whether the provisions of this Part of this Act or of regulations made thereunder have been complied with.
And that record sheet, chart or documentation shall if the officer so requires by notice in writing served on that person, be produced at the office of the traffic commissioner specified in the notice within such time (not being less than ten days) from the service of the notice.
A driver is required to carry charts for the current week and the last chart from the previous week on which he worked, (PROVIDED IT WAS LESS THAN 21 DAYS AGO) and may carry up to 21 days charts, all of which can be examined.
N2N Transport:
A driver is required to carry charts for the current week and the last chart from the previous week on which he worked, (PROVIDED IT WAS LESS THAN 21 DAYS AGO) and may carry up to 21 days charts, all of which can be examined.
Is it now not the case where you have to have in your posession the current week and the charts from the previous 15 days?
A police officer can at any time take your chart, but must give you reciept to say the chart has been taken from you stating the reason why.
N2N Transport wrote;
With regards Tacho’s no Police or Vosa officer have any legal entitlement to remove tacho’s, the can inspect and copy at the scene but in removing them are effectively making you break the law as you no longer have a demonstratable record. When I have had mine inspected in the past I have asked the officer who removed the disk to sign the rear and provide his badge number.
Sorry, but this was changed in 2005 with a modification to the 1968 Transport Act. Scn 99 has been updated to allow a Police Constable or an Examiner appointed by the Secretary of State for Transport (VOSA) to examine, copy, remove and retain drivers records. They can enter a vehicle at any time to do this or a place where they believe records to be at any reasonable time, they do not need a warrant. They can also examine, remove, retain, etc any document that allows the accuracy of driving records to be verified eg; fuel receipts, ferry crossing tickets etc. A vehicle can be inspected to ensure that no device is carried on it which is capable of interfering with the Recording Equipment (tacho). The legislation doesn’t say that the device has to be fitted or working. An Examiner/Constable can direct a vehicle to a place (usually a tacho centre) where a suspected device can be examined to determine if it does actually interfere with the tacho.
The legislation doesn’t specify that a receipt for records has to be given, however, to preserve ‘the trail of evidence’ one usually will be. Just like an officer/examiner doesn’t have to sign a chart that has been removed from the tacho they usually will.
Drivers are required to carry all the charts for the current week and any charts used in the 15 calendar days prior to the current week. They are also required to carry their driver card (if one issued) and any printouts / manual records made during the current week and prior 15 calendar days. On 01/01/2008 this changes to current day and previous 28 calendar days
