eddie
LIFE MEMBER
Informative post, thank youNo grey area at all. I posted the facts regarding the illegality above. During many years of crewing a "Jam sandwich" I and my colleagues have reported or issued tickets to a number of drivers in such circumstances.
There are actually two similar offences, the one under the Construction & Use Regs that I mentioned, which is non-endorsable, and an almost identically worded offence under the Road Traffic Act, which is endorsable.
The key point is "having regard to the manner in which persons are carried" although the offences also cover vehicle defects and the manner in which loads are carried if it is likely that they too could also result in injury to persons in or on the vehicle, or otherwise using the road.
The occupant is clearly not restrained by the seat belt provided for that purpose and if you don't think it is dangerous the prosecutor would likely ask you how you were preventing the unrestrained and unseated occupant from continuing through the windscreen at the speed of the vehicle in the event of a collision or other sudden emergency, the momentum propelling them with a mass several times their own body weight and possibly killing or injuring the driver (you) on the way through!
In the event that you were involved in an incident that resulted in death or injury to the improperly carried occupant, the circumstances would be good evidence for an offence of causing death or injury by either careless or dangerous driving too.
And yes when we have forgotten to secure the fridge or a cupboard door before setting off, on a couple of occasions my wife has done it too, so I'm not preaching as holier than though, just stating the facts!
I suppose showering is right out then?