Not a happy ruddin ribber! - Page 3

Leapy · 10 October 2008, 17:03

There's a lot of very well meant opinion and interpretation here. Amongst all that will be some errors which some may take as fact. Is anybody qualified to summarise the legal position accurately?

Poly · 10 October 2008, 17:13

Quote:

Originally Posted by Leapy

Is anybody qualified to summarise the legal position accurately?

I think based on other discussions on here on the past on similar topics - it is questionable whether there is anyone in the whole country who can give a definitive and unambiguous answer on some aspects of trailer/towing law!

However - you'll find the a relatively readable guide here: http://www.ntta.co.uk/

If Solent-Salted takes his trailer to the weighbridge he would be advised to fix his lighting and number plate issues before towing it on the road again and attracting attention.

Nos4r2 · 10 October 2008, 17:46

All this conjecture is meaningless. He's been stopped and the police have refused to allow him to proceed because they say (with no evidence) that his boat/trailer weight is over 750kg and the trailer is unbraked. There'sonly one course of action-get to the weighbridge and weigh the rig, prove he wasn't breaking the law then force the police to cough up for the recovery charge.

Downhilldai · 10 October 2008, 17:51

Quote:

Originally Posted by 9D280

.....the 750Kg Max is only applicable to vehicles that are rated for it. ......... however hitching it on the back of a Corsa or similarly small car I'm not sure it would even be legal on a braked trailer!

Ms DHD's 1.2 Corsa is ok to tow 1000kg on a braked trailer

Downhilldai · 10 October 2008, 17:53

Quote:

Originally Posted by Nos4r2

All this conjecture is meaningless. He's been stopped and the police have refused to allow him to proceed because they say (with no evidence) that his boat/trailer weight is over 750kg and the trailer is unbraked. There'sonly one course of action-get to the weighbridge and weigh the rig, prove he wasn't breaking the law then force the police to cough up for the recovery charge.

Agreed

Poly · 10 October 2008, 18:06

Quote:

Originally Posted by Nos4r2

All this conjecture is meaningless. He's been stopped and the police have refused to allow him to proceed because they say (with no evidence) that his boat/trailer weight is over 750kg and the trailer is unbraked. There'sonly one course of action-get to the weighbridge and weigh the rig,

yes - which is surprising / confusing and somehow I'm not sure we are getting the full story. I note S-S himself wasn't driving so we are getting it third hand. Perhaps the conversation was more like "Well Sir, if you can't be sure that the load isn't over weight then I recommend you get it recovered, because if we check it and it is over the limit we will issue a fixed penalty notice."

Quote:

prove he wasn't breaking the law then force the police to cough up for the recovery charge.

good luck to him! I doubt he can prove that - all he can show is that a few days later a boat on a trailer was legal. Whats more without them having issued any formal notice there is probably no way that S-S can prove that he was "forced" to have it recovered.

m chappelow · 10 October 2008, 18:25

just as a matter of law interpritation , a large truck ran away on a steep hill localy a few years ago and went through the front of a shop killing a large number of people ,at the inquest the police mecanic said the trucks brakes were illegal but the vosa inspector said they were worn but legal .and by the way old man chappelow was a transport inspector for over 30 years ,

Nos4r2 · 10 October 2008, 18:26

Quote:

Originally Posted by Polwart

yes - which is surprising / confusing and somehow I'm not sure we are getting the full story. I note S-S himself wasn't driving so we are getting it third hand. Perhaps the conversation was more like "Well Sir, if you can't be sure that the load isn't over weight then I recommend you get it recovered, because if we check it and it is over the limit we will issue a fixed penalty notice."

good luck to him! I doubt he can prove that - all he can show is that a few days later a boat on a trailer was legal. Whats more without them having issued any formal notice there is probably no way that S-S can prove that he was "forced" to have it recovered.

Said officer should have it written up...if SS can remember his name.

Searider · 22 October 2008, 15:28

Did you get anywhere with the Boys in Blue?

jyasaki · 22 October 2008, 16:32

Quote:

Originally Posted by Polwart

good luck to him! I doubt he can prove that - all he can show is that a few days later a boat on a trailer was legal.

Does the term "Innocent until proven guilty" have any bearing here?

It seems odd that a traffic official can impound a vehicle for breaking the law with no information to base that on (other than a wild-assed guess.)

Granted, the operator should know that the load is legal, but shouldn't the authorities also assume so unless something comes up to prove that different?

jky

Poly · 22 October 2008, 16:58

Quote:

Originally Posted by jyasaki

Does the term "Innocent until proven guilty" have any bearing here?

no he wasn't being charged with an offence. He was being warned that the officer believed he was/may be commiting an offence. In the event that he chose to continue doing so and charges brought then the burden of proof lies with the prosecution, and I am sure it would have been chucked out in court. The difference here is the OP is looking for compensation for his additional costs, the burden of proof is now on him to show that the police incorrectly advised him.

Quote:

with no information to base that on (other than a wild-assed guess.)

we call that "suspicion" in this country! it wasn't impounded (that would have cost him much more!) - had the officer wished to bring charges he would have needed to make arrangements for the trailer to be weighed.

Solent-Salted · 27 October 2008, 10:20

Thought I'd give the final ending to the story, recovery truck driver who piggy backed us the final 1 mile to our destination was a top notch lad and only charged us the bare minimum as he was gonig that way anyway.

So, all in all, not a bad ending, just will always need to make sure that all the information that the boys (and girls) in blue might want on a stop is with the vessel.

I slight inconvenience, but no harm done.

bedajim · 27 October 2008, 10:26

Quote:

Originally Posted by Solent-Salted

Thought I'd give the final ending to the story, recovery truck driver who piggy backed us the final 1 mile to our destination was a top notch lad and only charged us the bare minimum as he was gonig that way anyway.

So, all in all, not a bad ending, just will always need to make sure that all the information that the boys (and girls) in blue might want on a stop is with the vessel.

I slight inconvenience, but no harm done.

So what does it weigh?

Richard B · 27 October 2008, 10:41

Quote:

Originally Posted by Solent-Salted

just will always need to make sure that all the information that the boys (and girls) in blue might want on a stop is with the vessel.

What about fitting a number plate with a yellow reflective background and the standard lettering in a visible position? And the lighting board in the correct position? I suspect that use of a proper propellor cover may be advisable as well.

Solent-Salted · 27 October 2008, 13:15

She weighed in just shy of 650kg,

new light and plate bar fitted.

Downhilldai · 27 October 2008, 21:21

Have you been back to the porkers with the weighbridge certificate?