HELP! Some advice required

ASK THE EXPERTS SAFETY, LAW AND WORKING TIME DIRECTIVE FORUM (INTE
1

Hello, believe this is my first post … and one hell of a post its gonna be.

I was stopped by VOSA yesterday for a spot check (was told it was VOSA routine check). I was told I was stopped because the trailer ride height was high, which ok it was high. I told the guy that I had pulled the control to self level the ride height before commencing my journey and explained that whatever was causing this has happened during the journey. To cut a long story short it turns out that the bracket holding the self levelling valve (not the handle you operate the suspension with) had badly corroded and broke away from the chassis causing the suspension to be jacked in the air.

The examiner put an immediate prohibition on the trailer (fair enough, it was dangerously hanging there), and commented saying it was a maintenance issue (i.e not my fault). He went to do the paperwork and came back shortly after to ask for my licence again. He said “The computer is telling me I have to issue a fixed penalty”, so I asked how much etc, and was told your company should pay it because its not your fault.

A good while later … nearly an hour … he called me over and said there was some paperwork to finish off, so went into the office, read a caution and asked questions regarding the trailer … what do you think caused it? was it ok on your walk around check? do you check under the trailer during the check >? >> WHAT !!! I visually check with a torch, but by no means do I deem my self qualified to go crawling under the trailer?? He then explained the fixed penalty, explaining that it is endorsable and to send my licence off, and if I want to appeal that I need to take it to court.

I have been fined and will have points on my licence for an issue that even he agreed was down to maintenance! I understand I was in charge of the vehicle but honestly not long noticed the trailer skipping a little on the the last two roundabouts, about 600 yards apart. I was honestly intending to stop and check to see what problem I had, they just beat me to it.

SO … what I need advice on is … Have a got a good case to take it to court? Vehicle was ok during checks. My argument would be that I am not a qualified or competent fitter and so, as far as I am concerned due to health and safety, should not be crawling under the trailer … a visual check between the road wheels into chassis was made. Another issue I have thought about is that, Am I right in saying that VOSA do no longer exist (changed to DVSA in April), so given that I was handed paperwork with VOSA on it and told that it was a VOSA check, would it make it void? :confused:

Finally I am not condemning the actions of the examiner, he should me what was wrong, and I agree it was dangerous, however given that this happened during the journey and as he clearly stated “was a maintenance issue” I feel hard done by that I was lumbered with the fine and more worryingly points which will have a knock on affect with my car insurance

Rant Over :smiley:

2

You have said the examiner had pointed out it was a maintenance issue . was the trailer ok when you started your journey ?did the examiner say that the issue could have happened after you started driving ? if yes And as all the above written down in a formal statement with the examiner’s signature I would be asking for a court appearance with the examiner as your star witness.

Just to add get some proper legal advice to back you up.

3

DVSA is a result of a merger and is not a new agency recently set up. Either name on paperwork is valid.

4

Thanks for a quick reply … On my walk around check, everything appeared to be ok, I even operated the control lever to see if suspension raised/lowered. As a rule I check for loose bodywork, but do not crawl under the trailer, as I believe that to be a job for a qualified fitter. The examiner said it was a maintenance issue, but only questions directed to me were written down during interview. He didn’t directly say it could have happened during the journey, but tbh with the lumps and bumps in the road these days, surely a badly corroded bracket could have worked loose during the journey :confused: Quite shocking the damage it caused mind … stretched all 6 shock absorbers to the limits :astonished:

I think the rules are terrible, to penalise a driver for something technically out of their control is rubbish. Surely if everyone in these circumstances took them to court and won then it would cost VOSA (or DVSA as they are now known) thousands.

thanks :sunglasses:

5

M1cks … thanks just found this … DRAT!

To ensure costs are kept as low as possible there will be a phased approach to the introduction of the new branding over the next financial year, where items will be replaced when stocks run out.

6

You’re not responsible for faults that you cannot reasonably be expected to know about, you would have been fined because the defect would have affected the steering in such a way that would be noticeable to the driver, I would say that your only defence would be that the fault had only just occurred and you was stopped by DVSA before you could stop and check what had gone wrong.

I suppose how well you could argue this would depend on what the DVSA examiner found, if the bracket had obviously been broken for some time, ie no visible sings of a fresh break, I doubt that you would have a leg to stand on.
However if the bracket had signs of a fresh break it would have been in your interests to get a picture of it.

If you want to appeal the fine and endorsement in court you need to gather as much evidence as you can and get proper legal advice.

7

Again thanks for the reply. With regards to the bracket, it was corroded badly, so knowing if it was fresh break or not would probably be something that could be argued all day, my only the defence to that would be that it was ok during my walk around check and probably broke free during the lumps and bumps during the journey.

I know corrosion doesn’t happen overnight, but this bracket is between the chassis beams over the three axles, and tbh without crawling under the trailer, would not be visible. Please correct me if I’m wrong, but I don’t believe crawling under the vehicle is part of a drivers vehicle check? Even if that is what is expected of us, don’t think H&S would agree it would be safe without hard hat/ bump cap etc :confused:

8

nicknack84:
Again thanks for the reply. With regards to the bracket, it was corroded badly, so knowing if it was fresh break or not would probably be something that could be argued all day, my only the defence to that would be that it was ok during my walk around check and probably broke free during the lumps and bumps during the journey.

I know corrosion doesn’t happen overnight, but this bracket is between the chassis beams over the three axles, and tbh without crawling under the trailer, would not be visible. Please correct me if I’m wrong, but I don’t believe crawling under the vehicle is part of a drivers vehicle check? Even if that is what is expected of us, don’t think H&S would agree it would be safe without hard hat/ bump cap etc :confused:

We have air kits fitted on 90% of our kit so it would be difficult to see . I always rise fully and then lower fully the trailer height adjuster ten set to ride go get my notes and just walk round for a final check before the off.

9

Much the same here nick2008, I’m going to seek legal advice on it because I feel hard done by on the grounds that, its something that I could not see during my checks due to being obscured by chassis and road wheels, fault occurred during the journey, and I was intending to stop in the layby outside the testing station because that was the nearest area for stopping safely.

Thanks for all the input, its amazing what you can learn, even after 7 years of driving these things. :smiley: