Transport compliance: why following the rules may not prevent criminal prosecution

In August 2026, Construction Enquirer reported that Birmingham Magistrates’ Court withdrew more than 60 prosecutions involving mobile crane operators after a test case. West Midlands Police had alleged the cranes were overloaded. On the first day of the trial, the Crown Prosecution Service offered no evidence.

The operators were acquitted, but the case is a reminder that even businesses that believe they are following the rules can face criminal prosecution when there is disagreement over how transport regulations apply, and that getting specialist legal advice early can make a real difference.

A dispute over restricted periods

The dispute concerned the Road Vehicles (Authorisation of Special Types) (General) Order 2003, commonly known as STGO. It allows certain specialist vehicles, including mobile cranes and those carrying abnormal loads, to operate outside some standard weight and size limits, provided specific conditions are met. Those conditions include vehicle requirements, movement notifications and route restrictions.

The police alleged that several cranes had travelled during restricted periods, and argued that this took them outside the STGO exemptions and under the lower weight limits in standard Construction and Use regulations. On that reading, the cranes were overloaded, and operators and drivers were prosecuted. The operators challenged the interpretation.

The court did not rule on the interpretation of the regulations. For operators, the key question is whether earlier legal involvement could prevent a dispute like this from reaching court.

Following the procedure isn’t the same as being compliant

An operator can follow its usual procedures, submit the required notifications, and brief its drivers, yet still face enforcement action if regulators interpret the regulations differently. Similarly, a procedure followed for years doesn’t necessarily meet legal requirements. Good compliance means understanding why your procedures satisfy the rules, not just checking that you followed them.

When a driver is stopped at the roadside

Criminal allegations aren’t limited to serious collisions. They can arise from everyday regulatory matters, including vehicle weights, drivers’ hours, roadworthiness and specialist operating requirements. Commercial vehicles are routinely stopped for checks. Many stops end without further action, but others lead to investigations.

What happens in those first minutes matters. The driver may not know the full legal requirements or have the records to explain why a movement was permitted.

This is where a specialist lawyer can help: reviewing the allegation, establishing which regulations apply, helping the operator provide the right information and, where the law is genuinely disputed, challenging the interpretation before the matter progresses. In the crane case, examining the disputed reading of STGO earlier might have resolved the disagreement before proceedings began. We can’t know whether it would have changed the outcome, but it shows the value of early advice.

Access to a criminal lawyer shouldn’t begin when a court summons arrives. Knowing who to call when an issue first arises gives the business a better chance to deal with it before it escalates.

Even a dropped case has a cost

A criminal investigation is disruptive and expensive even if the case is eventually dropped. Time is spent gathering evidence, reviewing procedures, and responding to investigators, and legal costs build quickly. For specialist operators, the effects spread: a crane delayed on its way to a site can affect contractors, project schedules and other businesses waiting to start work. Drivers can face individual allegations even when they followed company instructions. The withdrawal of the crane prosecutions was a good outcome for those involved, but it doesn’t give back the time and disruption they’ve already experienced.

Could your business show its working?

Policies only count if they are understood and followed in practice. When compliance is questioned, you need to explain why a decision was made and produce the records behind it. Transport and compliance managers should ask:

• Do we know which regulations apply? Especially where vehicles operate under specialist rules or exemptions.

• Can we show why a movement was compliant? Are records, notifications, vehicle details and route plans to hand?

• Are drivers, planners and subcontractors working to the same requirements? Does everyone know what to do when circumstances change?

• Do we review our procedures regularly? Do they reflect changes in legislation, guidance and operating requirements?

• Do we know who to call if compliance is challenged? Is there a clear process for recording what happened and preserving evidence?

These questions apply well beyond cranes and abnormal loads, whether a business runs HGVs, buses, vans or specialist vehicles. Look at the wider supply chain too: where contractors or third parties carry out transport activities, be clear about who is responsible for meeting each requirement.

Compliance should give you confidence

None of this means treating enforcement as something to resist. Responsible operators and enforcement authorities share an interest in safe roads, fair competition and clear standards. The aim is a compliance system that works in practice, is regularly reviewed, can withstand scrutiny, and includes a plan for what happens when it is questioned.

Good transport compliance focuses on preventing problems where possible and being ready to respond quickly when they arise.

Through our LMP 24/7 service, LMP Legal gives transport operators and their drivers immediate access to specialist legal support, not only after serious collisions but also when regulatory issues arise at the roadside. We also support businesses with compliance advice, training, and policy reviews to reduce legal risk before problems occur.

Contact LMP Legal to see how we can be by your side before, during and after an incident.