134Strict liability for offences involving insecure loads and loads falling from vehicles

1. In proceedings for an offence against section 42 (which relates to failing to secure a load),—

2. it is not necessary for the prosecution to prove that the defendant knew or should have known that the load was not secured or contained in such a manner that it could not fall or escape from the vehicle:
3. it is not necessary for the prosecution to allege or prove that a load did fall or escape from the vehicle:
4. it is no defence that the defendant's conduct was not materially different from that of other operators of heavy motor vehicles:
5. it is no defence that the defendant took some steps to ensure that the load was secured or contained unless the court is satisfied that those steps were such that no fault could be attributed to the defendant:
6. it is no defence that the defendant believed that the weight or nature of the load was such that it was not necessary to secure or contain it.

7. Despite subsection (1), it is a defence to any proceedings for an offence against section 42 if—

8. the load was secured on or contained in the vehicle; and
9. a failure to ensure that the securing or containing of the load was in such a manner that it could not fall or escape from the vehicle occurred without fault on the defendant's part.

10. If the court is satisfied that a load has fallen or escaped from the vehicle or a vehicle being towed by the vehicle, it is to be presumed that the operator of the vehicle has not ensured that the load was secured or contained in such a manner that it could not fall or escape from the vehicle, unless the falling or escaping of the load occurred without fault on the defendant's part.

11. In proceedings for an offence against section 42, the court must, in determining whether or not the operator of a vehicle has been at fault, have regard to any of the following provisions if the court considers the operator was or should have been aware of them:

12. the provisions of any code of practice issued by the Agency or the Director (or any amendment or addition to any such code):
13. the provisions of the rules.