A hgv friend of mine has recently been pulled over by the plod. Not traffic cops or the DVLA just normal enforcement. He was driving his 6wh beavertail plant lorry which he drives on a daily basis and has done for years.
The reason for the tug was a ratchet strap flapping around a little. Its common when the ramps are folded up vertically to ratchet strap from the body of the vehicle to up and across onto the ramps. The distance spanned doing this is only 1-1.5m therefore there is usually an amount of leftover surplus strap depending on how long the strap is
Obviously its standard practice to then fold/tie this up and around to actually prevent the surplus flapping around which he did do. Obviously on this occasion maybe not quite good enough or at some point on his journey has made itself loose.
He had no load otherwise on the lorry. The surplus of strap that come loose was only around 2 foot long and was flopping about which he didnt notice
He has received through the post a ‘conditional offer of fixed penalty’ of which the offence reads ‘use on a road a motor vehicle / trailer - danger of injury due to weight / position / distribution / security of load’
We have discussed and beleive it to be quite harsh. the options are fixed penalty and 3 points or to request a court hearing. We are looking for opinions please on what other people think? Take the points and move on and learn from it, or fight it?
If he fights it, what is going to say? The strap wasn’t flapping around? Of course not…
Yes it’s harsh, but it could have hit something/someone.
That strap should have been cut down to its shortest length, doubled over taped end, then tucked into the ratchet handle. Unfortunately your mate is going to pay a very harsh price for being a bit sloppy.
Sorry if I sound bit like a ■■■■■ just calling it how I see it.
By the way just as an FYI, I have a manitou strapped to the back of my truck, so I understand dedicated short straps.
If plod wants to bluff at a pot here - it needs to be fixed penalty INSTEAD of “endorsement”.
By ratcheting it up to an endorsement ANYWAY - You might as well fight it all the way.
After all, if it’s “Just the fine” - The firm or union might even pay it for you. If it’s anything involving points on your licence - who’s gonna take that on the chin except you?
And plod wonders why people have no time for them anymore what was wrong with making him secure the strap before letting him go his way. If plod was on his own then I would go to court your word against his and the courts no longer take it as gospel that plod is telling the truth, for which they only have themselves to blame for. Probably wouldn’t make it past the CPS after all if you are a Peer of the Realm and accused of a far more serious crime where a prosecution is deemed not in the public interest then a flapping strap is hardly crime of the century.
While its not the crime of the century that strap could have gave a pedestrian or God forbid a cyclist a right slap.I think that you should have your day in court.
If you want to fight it, you could deny the charge - keep quiet - go to court - hear the charge read out - deny it & point out that you were not loaded - it should then get thrown out - case dismissed, as incorrectly charged,
Once dismissed, you cannot be charged again for the same offence,
Plod will be severely p155ed off - but you walk away with nil points
You could do as above but is its the manufacturers fitting of said straps? If not then it could be said the ramps are therfore coming under the definition of load. Remember then the next time you could be charged with using a vehicle that is defective…
Think you will find it comes under the category of insecure load.
Before ratchet and straps came about and ropes where used it was common to see ropes bouncing about on the road hanging from the side of trailers,so flapping straps or ropes is nothing new,its insecure and a hazard
The trailer/truck wasn’t loaded. OK fine. But the straps were under load, they were securing the ramps, hence insecure load. Same as a ratchet over a brick grab on a flat bed.
I agree with the poster that said this is everything wrong with plod these days. Should have given him a verbal told him to stow and go!
Many years ago, there was a case where an artic driver went around a bend & a plank of wood (dunnage I think it was known as) slid out from under his trailer and hit a car, remember when lumps of wood were stowed behind the legs on the diagonal braces?
well anyway - plod bumbles up & books him for insecure load. He kept quiet & wrote in to Headlight Magazine - the legal advice team. They represented him in court. They told the magistrate that there was no insecure load as the vehicle was empty. He asked them what the wood was for - they told him it was kept with the vehicle for putting under the legs on soft or uneven ground.
The magistrate deemed the wood to be accessories to the vehicle and not part of a load - Wrong charge - Case dismissed.
I know this is technicalities - but this is exactly the sort of b/s that gets murderers & rapists off - so why not?
Does seem a bit harsh, I’d guess at a wannabe traffic rozzer. Unless he got a bit leary and got a booking as a result of course.
That said, many years ago whilst riding back from a time trial down the A40 near Ross I was smacked by a curtainsider strap that was loose and flapping about in the wind. Practically put me over the armco Must’ve looked funny for the ones behind but I definitely wasn’t laughing at the time.
I would also see what the endorsement will do to your insurance premiums. Do some quotes in a fake name and no reg, select make and model manually.
It could be quite nasty.
2 foot of strap in the right place could be perfectly safe but if it was in such a position to hit a pedestrian, car or cyclist then you might have one hell of a fight on your hands.
Come back with the insurance premium difference and that will tell you half of the story.
Must’ve looked funny for the ones behind but I definitely wasn’t laughing at the time.