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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 70530
Experience:  Over 5 years in practice.
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my brother has been summoned to appear at magistrates court

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my brother has been summoned to appear at magistrates court charged with
1 use on road a vehicle exceeding maximum permitted wheel axel weight
2 excess weight - use a vehicle weight exceeding gross weight
3 use on a road a motor vehicle /trailer - danger of injury due to weight/position/distribution /security of load

he is selp employed driver without a fixed regular income and not claiming benefits - what fines will he get and will he be banned from driving
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

Does he have any other points please?
Customer: replied 4 years ago.

yes he has 3 points already because he did not change the address on his licence

Thanks.

I will need about 30 mins to check the penalty points for these offences if thats ok?
Customer: replied 4 years ago.

yes thank you - also would you have any idea of the fines - my brother earns about £ 11 per hour as a driver and comes home with about £220 - £250 per week - He went through a very rough patch relationship and health wise and was living in a hostel for a while - he is now trying to get his life back on track and is living with me - should he tell the court this in the mitigating statement?

Thanks.

I will come back.
Actually, if you have his summons sheet there, would you mind giving me the legislation? Usually its X person committed X offence contrary to X ACt.

Its a lot easier than trying to find it from offence descriptions.
Customer: replied 4 years ago.

FOR JOMO1972


 


No 1 is contrary to regulation 78 (1) of the road vehicle contrustion and use regulations 1986 section 41B of the road traffic act 1988 and scheduleXXXXXtraffic offence act 1988


 


No2 is contrary to regulation 80 (1) ( a)of the road vehicle contrustion and use regulations 1986 section 41B of the road traffic act 1988 and scheduleXXXXXtraffic offence act 1988


 


No3 is contrary to section 40A of the road traffic act 1988 and schedule 2 to the road traffic offenders act 1988

They will probably accept pleas to some of those offences and drop others as they are duplicates.

The S40A matter will carry 3 points and a fine. The fine should be between 125-175% of his weekly income. Also, there will be a costs order of £85 if he pleads on the first offence. They will also make him pay the victim surcharge of £35 or thereabouts.

The two S41B matters are fines only. They both carry level 5 fines so, in principle, they could fine a further 125-175% of his weekly income each but they won't do that. At least they shouldn't do that. You never really know whats going to happen at the magistrates as some of them make the law up as they go along!

What should happen is that they will fine for one and then add no separate penalty for the other or possibly divide the fines up between them.

In any event, there is no chance of a ban as they do not carry points.

Can I clarify anything for you?

Jo
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