Breakaway Cable Attachment in Holland

GTP replied on 01/05/2018 17:57

Posted on 01/05/2018 17:57

I don't know why...but it appears the various Vehicle Inspection agencies throughout Europe have a delight in pulling me over to inspect my outfit. I mean its not as if we have old vehicles, or exceed the speed limits of the country. The tow car is 1yr old and the caravan is just 6 mnths old.

The latest such inspection was on Saturday around 3-0pm on the A15 just 5 miles short of the Rotterdam Europort ferry terminal (We were scheduled on the overnight ferry to Hull)...when out of nowhere appeared a police motorcycle, waived and pointed to his 'Follow Me' sign...which i duly did following him off the next junction, around a couple of roundabouts to a vehicle inspection station...full of Caravans and Motorhomes. 

First up was the request for driving licence, V5 for both car and caravan. No problem, even accepting the electronic version on the OH iPhone. (although one Police Officer wasn't convinced but let it pass) Note to self, take copies of V5's...Next was to move onto weighing pads, both car and caravan, checked against plates...No problem, Phew !!!...then asked to pull into next bay where the car and caravan where given a roadworthy test, you name it they looked at it. No problem , passed with flying colours..as being new vehicles, should have.

But then wait...hold the phone, one of the inspectors pointed to the breakaway cable....At this point I will refer you to my previous post and encounter with the UK equivalent inspectors when i was issued a prohibition notice for incorrect attachment..later squashed when the the club intervened...It was at that point that I also changed to the direct attachment ALKO specific cable. This is what I had in place when inspected..a direct attachment to a designated fixing point. 

Not good said the inspector....must be looped trough a karabiner...which he produced, fitted and charged me 4€...followed by a police officer issuing me with a ticket (to be sent) for incorrect attachment of breakaway cable...Some one on the ferry said the fine could be 130€.  The ticket has yet to arrive so I cannot post a photo but I attach a photo of the karabiner the inspector fitted....

Happy caravanning ...

GTP replied on 23/08/2018 10:10

Posted on 18/08/2018 19:58 by SimonWJ

Any news on the appeal?

Posted on 23/08/2018 10:10

SimonWJ, Apologies for delay in replying…although the club must bear some responsibility in that the “follow this discussion” email with your post did not arrive until this morning (23/8)…but having said that, it is a timely reminder to post an update.
 
With the help of the CaMC , I posted an appeal on the 29thMay and received a letter of receipt from the Public Proscutor’s Office (Parket CVOM) on 7 June. The letter stated :-
 
 “The appeal is in good order and the public prosecutor will consider the reasons underlying your appeal. The decision will be sent to you by mail”. “Parket CVOM will attempt to decide on the appeal within the statutory period of sixteen weeks. This period commences following the last day of the period allowed for lodging the appeal.  This decision period can be extended with ten weeks”.
 
So….based on the receipt date of 7 June by the Parket CVOM, the sixteen week period falls within the week commencing 24 September. Hopefully, by then, I should receive a decision. Unless they decide to extend for a further ten weeks.
 
I will post the decision as soon as I receive it, although if the written appeal fails, I am minded to attend the District Court in Utrecht personally for a final attempt…

SimonWJ replied on 28/08/2018 08:32

Posted on 28/08/2018 08:32

Many thanks for the update, GTP, and no apologies necessary. 

Good luck with the appeal!

GTP replied on 28/09/2018 17:32

Posted on 28/09/2018 17:32

Latest Update: 26th September. The Public Prosecutors Office have confirmed that I have to receive a letter stating the prosecutors decision no later than 10th October. Will post as and when received.  

GTP replied on 08/10/2018 11:41

Posted on 08/10/2018 11:41

As above...and still waiting !! But in the meantime I thought everyone might like site of a recent article in Practical Caravan where another caravan user has fallen foul of the legislation. Interestingly the 'expert' reply by PC's Nigel Hutson reiterates that the legislation only relates to Dutch registered vehicles...

A bit peeved that i didn't think of writing to PC...looks like I missed out on a set on wing mirrors. !!

See attachment for PC's article

GTP replied on 16/10/2018 14:52

Posted on 16/10/2018 14:52

Latest communication from the Openbaar Ministerie which extends the decision of the appeal from the Statutory sixteen weeks by a further ten weeks...If we use 10th October as a starting point, 10 weeks puts the latest decision date at 19 December....I will update when received.

 Unfortunately the maximum 400kb resolution allowed, makes the scanned doc unreadable when posted...

lornalou1 replied on 16/10/2018 16:51

Posted on 16/10/2018 16:51

why not cut the article out and send back to the Openbaar Ministerie and state that if pursued any further you will go to the european courts and prove that the dutch police don't know what they are talking about. fight fire with fire.  

Lutz replied on 16/10/2018 20:34

Posted on 16/10/2018 16:51 by lornalou1

why not cut the article out and send back to the Openbaar Ministerie and state that if pursued any further you will go to the european courts and prove that the dutch police don't know what they are talking about. fight fire with fire.  

Posted on 16/10/2018 20:34

An article in a magazine hardly carries any weight in a court case. We must leave it to the lawyers to sort it all out on the basis of the actual wording of Dutch legislation, because that is all that counts.

Oneputt replied on 16/10/2018 21:25

Posted on 16/10/2018 20:34 by Lutz

An article in a magazine hardly carries any weight in a court case. We must leave it to the lawyers to sort it all out on the basis of the actual wording of Dutch legislation, because that is all that counts.

Posted on 16/10/2018 21:25

True but I suppose you could argue mitigating circumstances, maybe.....

GTP replied on 17/10/2018 09:57

Posted on 16/10/2018 20:34 by Lutz

An article in a magazine hardly carries any weight in a court case. We must leave it to the lawyers to sort it all out on the basis of the actual wording of Dutch legislation, because that is all that counts.

Posted on 17/10/2018 09:57

Lutz....At this stage I am not legally represented. I have submitted my own defence appeal, with the help of some correspondence offered by the Club. (see earlier posts) The Clubs lawyers only help with matters relating to UK law.

This may change however, if the appeal goes against me. I have the option to take the appeal further by attending a higher court (in person) in Utrecht. At this point I have to deposit the fine (107€) with the Openbaar Ministerie and I would probably instruct a local lawyer.

Hopefully, if the latter is the case, the court appearance will coincide with our Spring holiday in Delft which would help with travel costs..

lornalou1...whilst I appreciate the sentiment...being a regular traveller to Holland, i really don't feel like being confrontational with the Dutch Police...

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