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Overloading vehicle, Glasgow, October 2016

Our client was a company being prosecuted of causing one of its drivers to drive an overloaded vehicle.

The driver had already freely admitted to overloading his vehicle by 36%. The key issue was therefore whether the company had “caused” or “permitted” him to do so.

Any company director should be aware that, even when it is the company being prosecuted, a director can also be held personally liable and – when applicable – have points placed on their driving licence or be disqualified from driving. Thus, for example, if a company allows a driver to drive a vehicle in a dangerous condition, a company director can also be disqualified from driving as a result.

In all cases, however, the onus is on the Crown to prove that the company caused the driving. If a company has a clear set of rules, procedures and appropriate training programmes, it will be difficult for the Crown to prove that the company has caused the driving.

On the facts of this case, it was clear that the company was blameless and a Not Guilty verdict was returned.

If you are a director of a company in similar circumstances, please call us on 0800 011 9744 for a FREE consultation.