Court shows some festive cheer to banned driver.

Byline: By Peter Swingler

A BIRMINGHAM dad whose lorry was so overloaded it was on the verge of toppling over on the motorway has been disqualified for 21 days - to coincide with his children's Christmas school holidays.

Father-of-four Dean Boswell, of Houndsfield Road, Hollywood, told Solihull magistrates his wife was ill and that he had to drive his children to school.

"If I am disqualified from driving they will not be taken to school," said Boswell, whose wife had their fourth child a few days ago.

Boswell admitted driving a lorry in a dangerous condition due to overloading at a previous hearing.

The magistrate had adjourned the hearing after warning that Boswell faced a driving disqualification.

Dominic Green, prosecuting for the Vehicle and Operator Services Agency, said the 7,500kg truck was stopped off Junction 3 on the M5 after it had been seen on the verge of toppling over on the motorway because of its excessive load of soil and stones.

"The vehicle was veering over to one side and there could have been a major accident," said Mr Green.

"The lorry was overloaded by 4,330kgs - the equivalent of 77 per cent - and the overload was causing the tyres to overheat, and steering and braking could have been affected."

Boswell said he was not using the lorry for commercial gain - he said was removing soil and stones from an area around his home to create a play area for his children and was taking the load to a tip. Boswell was fined pounds 220 with pounds 100 costs and told to pay a pounds 15 surcharge.

One of the magistrates told Boswell: "The disqualification period will coincide with the school holidays of your children."