TORN TAIL
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QI have been charged with causing and permitting my vehicle to be used in a dangerous condi tion. I think this is wrong because I had been loaded with sand at a quarry and without my knowledge the shovel damaged my tailgate. When I was stopped by the police it was slightly torn on the nearside corner and I was losing a very small amount of sand. FN, Colchester AAll Construction and Use Regulations allow a defendant to be charged with either "using" a vehicle in contravention or "causing and permitting" the vehicle to be used. If you had been charged with "using", this is an absolute offence.
I think you have been charged under Regulation 100 sub-section (i) and this, in my opinion, is wrong because subsection (2) brings the word 'nuisance into play and I would think spilling sand would be more in that category.
It is vital that summonses and statements of facts are thoroughly checked as the relationship between the two can be poles apart.