Driver & Vehicle Standard Agency v Titan Containers Ltd

Driver & Vehicle Standard Agency v Titan Containers Ltd

The exception for special appliances or apparatus in the definition of 'overall length' does not extend to the chassis or mounting section on which the appliance is fitted; only the appliance itself is excluded from the length calculation. The lorry's overall length therefore exceeded the statutory maximum.

Parties
Claimant: Driver & Vehicle Standards Agency; Defendant: Titan Containers Ltd
Jurisdiction
England and Wales
Judgment Date
03 November 2022
Procedural Posture
Judicial Review / Stated Case From Magistrates' Court / High Court Determination of Stated Case
Outcome
Acquittal quashed; case remitted with direction to convict
Legal Topics
Vehicle Length Regulations, Statutory Interpretation, Road Traffic Act Offences
Transport Law Criminal Law Administrative Law Vehicle Length Regulations Statutory Interpretation Road Traffic Act Offences

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Parties

Driver & Vehicle Standards Agency

Claimant

Titan Containers Ltd

Defendant

Procedural Posture

Judicial Review / Stated Case From Magistrates' Court / High Court Determination of Stated Case

Legal Issues

  1. 1 Whether the base of a crane mounted between the tractive unit and trailer should be excluded from the calculation of a lorry's overall length under the Road Vehicles (Construction & Use) Regulations 1986 and Road Traffic Act 1988

Ratio Decidendi

The exception for special appliances or apparatus in the definition of 'overall length' does not extend to the chassis or mounting section on which the appliance is fitted; only the appliance itself is excluded from the length calculation. The lorry's overall length therefore exceeded the statutory maximum.

Court Disposition

Acquittal quashed; case remitted with direction to convict

Orders

  • Acquittal of Titan Containers Ltd quashed
  • Case remitted to justices with direction to convict Titan Containers Ltd