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Old 17 December 2015, 18:47   #31
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As I am not a lawyer its not my place to comment if they were competently defended or not. In the 3 cases there were other offences also commited at the same time.

The decision to prosecute doesn't come from the VE or the TE, we just complete a report and pass it on. The decision is made in conjunction with the crown/procurator fiscal and the DVSA. I will ask when I am back in the office for a break down of the offences etc from the relevant people.

And regarding Ifor williams, as I am not employed by them its not my place to comment on any information they may provide.
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Old 17 December 2015, 18:53   #32
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So do you work for DVSA? In that case can you tell me what the actual offence is under option 4? Were any of these prosecutions competently defended?

Ifor Williams are very clear that it is OK. Are they giving inaccurate advice? My vehicle has a maximum towing weight of 1500kg and my trailer has a maximum gross weight of 2000kg. Can I still tow this trailer? » Towing & Towing Laws » Ifor Williams Trailers Ltd - Britain's Leading Trailer Manufacturer
That contradicts a lot of other trailer sites. Completely understandable how people are caught with this.

They really need to clarify the trailer situation on the dvla or government website.
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Old 17 December 2015, 19:00   #33
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In the 3 cases there were other offences also commited at the same time.
In that case is it possible that they weren't actually prosecuted for our option 4?

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I will ask when I am back in the office for a break down of the offences etc from the relevant people.

That would be helpful, thanks. I've had a look at the legislation but there are so many amendments to the Construction and Use Regulations that it's difficult to find specific information.
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Old 17 December 2015, 19:03   #34
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That contradicts a lot of other trailer sites. Completely understandable how people are caught with this.
There seem to be plenty of sites with differing answers. I'm pretty sure that IW used to have a pdf of a letter from VOSA on their site but I can find it now.

It shouldn't be difficult to clarify though.
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Old 17 December 2015, 19:12   #35
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It shouldn't be difficult to clarify though.
LOL... Sure?
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Old 17 December 2015, 19:14   #36
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Trailer law and ratings

Note the use of the word "shouldn't"
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Old 17 December 2015, 19:41   #37
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I found that letter by the way...
Attached Files
File Type: pdf VOSA Letter.pdf (9.01 MB, 107 views)
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Old 17 December 2015, 20:09   #38
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good info and more wood on the fire.
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Old 18 December 2015, 02:47   #39
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I have had 3 successful prosecution's this year with option 4. The Police might not prosecute on it but DVSA generally will. There are a few exceptions and discretion gets used with it a lot.

I was called to a car with a 1500kg limit towing a 3500kg twin axle sbs trailer with no boat on it. Police asked for us to attend to clarify any offences. When we arrived and checked the trailer and spoke to the owner it turned out that the trailer was brand new and didn't have any bunks or swing arms fitted. He had just collected it and was taking it to the marina and was using his wifes car. As the trailer wasn't capable at that point of carrying any load he was just given some advice and sent on his way. If it had had bunks or rollers fitted then we would have taken it further.

One of the prosecutions was a farmer using his Defender to tow an empty farm trailer. Unladen it weighed close to 3000kg but had a MAM of 10000kg. The prosecution resulted in a fine and points.
so where is the offence if the trailer was capable of carring a boat so long as he is within weight limits usually trailers are bought complete.dont you have to prove intetion to use over weight and how would you do that?
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Old 18 December 2015, 03:04   #40
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That letter John Kennett has just linked to is good enough for me ill be keeping a copy in both my cars could save a lot of hassle
Cheers John
Stuff like that is invaluable if you get stopped by a jobsworth
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