I Do basically agree with your statement Paul. However i also feel that the reasons that are put forward by those that enforce the H&S line are somewhat lost in a mist of a mixture of 'nanny state', legal costs and job creation/ maintainance.
What i mean by 'nanny state' is the desire of the powers-that-be to obviate all danger to anyone. They seem hell bent on achieving this state of nirvana, which as long as there is human error/ judgement/ involvement and vehicles travelling at speed, there is gross inherent danger, and is unrealistic to suppose otherwise- this cannot be legislated away.
The relevance of the 'legal costs' bit is partly the driving cause of this- as we have entered more and more into the awful american style 'culture of blame', where everyone seems to need to find someone to blame and seek recourse to compensation, the HSE are getting stronger. I.e. the culture of blame has allowed, nay forced us to create (consiously or otherwise) the breeding ground for the ever increasing power of the HSE, and the increasingly 'black and white' attitude, with little or no room for sway. For example, perhaps someone who is overloaded yet driving in a manner that may suit this- extra slowly and cautiously to simplify it- could be seen in a different light to someone overloaded yet not accounting for this in their driving style, hence rendering them a true danger to other people, yet at the moment there is no room for that judgement or even desire for that judgement to be made.
Which brings me to the 'job creation/ maintainance' bit of my post. In order to justify the huge numbers of people who are employed in the HSE they have to get results. So they HAVE to be absolutely black and white.
It would be very interesting to see whether or not, in real terms, the rate of accidents caused by overloading has increased or decreased compared to the huge increase in HSE involvement in our daily working life, particularly when applied to RTAs involving overloading, and also whether the incidence of overloading has fallen or remained the same too.
On a personal note, I find it insulting, to say the least , the supposition that I am BOUND to cause an accident when loaded up to the gills, because (and I am sure that i speak for many others here too) I make big adjustments to my driving style when loaded, whether i think I am legal or over the weight (which i can only assume i am at certain times as i run a 110 defender), such as slower speeds, better preparation before starting to descend hills, cadence braking from the start of a descent etc, larger stopping distances than normwal etc etc.