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A haulier, whose lorry was so overloaded it was on the verge of toppling over on the motorway, has been disqualified for 21 days. However, Dean Boswell of Boswell Transport of Hollywood near Birmingham told Solihull magistrates his wife was ill and that he had to drive the children to school: "If I'm disqualified from driving, they will not be taken," he said.

Boswell admitted at a previous court hearing to driving a lorry in a dangerous condition due to overloading. Dominic Green, prosecuting  for Vosa, said the 7.5-tonne truck was stopped off J3 of the M5 after it had been seen nearly toppling over on the motorway due to an excessive load of soil and stones. "The vehicle was veering to one side and there could have been a major accident," Green argued. "The lorry was overloaded by 4,330kg - 77% - which was causing the tyres to overheat. Steering and braking could have been affected, too."

Boswell said he was not using his lorry for commercial gain on this occasion. He said he had removed tonnes of soil and stones from an area around his home to create a play area for his children and was taking the load to the tip. Green said there was so much soil and stones that an 18-tonner had to be hired to remove it. In addition to the ban, Boswell was fined £220 with costs of £100 and told to pay a £15 surcharge.

One of the magistrates told him: "We have decided to disqualify you from driving for 21 days, but the disqualification period will coincide with the school  holidays so you won't have to drive your children to school."