“Currently, opinion among enforcement agencies varies between a load remaining in position and not moving in relation to the vehicle in any incident, irrespective of the severity and decelerations involved, and the current DfT guidance that loads should withstand forces of up to 1g, which is the current universally applied level. Operators are therefore in a legal limbo.”

Increased VOSA Powers

VOSA's enforcement powers will also be given a further boost if a new DfT consultation is given the green light. The Graduated Fixed Penalty and Deposit Schemes consultation paper proposes that VOSA officers be given the power to issue fixed penalty notices for a wide range of offences, but excluding speeding.

The consultation also proposes graduated penalties for a range of offences that VOSA already pursues with fines in four bands; £30, £60, £120 and £200. The paper would also allow VOSA to use cameras to capture offences and then issue fines by post.

The consultation closes on 30 August 2007 and a second consultation paper (due in September) is expected on graduated penalties for speeding.