I got a Ticket

Snowy1 replied on 29/06/2017 16:08

Posted on 29/06/2017 16:08

Just been booked by the DVSA (formally VOSA), before anyone says, Yes, I'm in the wrong, but anyone who says they have never done anything wrong, well, I would question that as we are all human, unless we are, Miss-goody-two-shoes?

Had a split red airline on my articulated lorry, for those who may not know, you cannot run without the red line as the trailer brakes will not release and if driving, the trailer brakes will come on.

I gave up my spare airline to help another driver a few days ago. I swapped the red airline with my yellow so I could travel just a few miles to the truck-stop to obtain a replacement, on the way, I got stopped for a routine roadside check, sods law, you know the rest.

Not many are aware that the yellow airline is now redundant on modern lorries as they have EBS Braking Systems which are controlled/signalled via the 7 pin EBS/ABS Lead and not via the yellow airline as they were historically.

Legally, the yellow line must be connected as it’s a backup system should the EBS ever fail, hence, I got a ticket, exemplary record now in the bin. cry

 

Cornersteady replied on 29/06/2017 18:09

Posted on 29/06/2017 18:09

sorry to hear that and can imagine how you must be feeling, but what exactly do you mean by a 'ticket' and what is the 'punishment'?

mickysf replied on 29/06/2017 18:40

Posted on 29/06/2017 18:40

How infuriating, helping a fellow trucker too. I'd bet you are kicking yourself for not putting the situation 'right' in those few days you talk of following your helpful act.

Snowy1 replied on 29/06/2017 18:42

Posted on 29/06/2017 18:42

Fine and 3 points on licence, the above offence is classed as running with defective brakes as the yellow line was not connected even though as said, the yellow line is now actually redundant. It's the case of "what if" i.e. should the EBS fail, which I've never known, but is however, possible like anything else. Had a clean Licence since first obtaining my licence back in 1974 which was incidentally a BFG Licence. It's my own fault, the VOSA  gentleman had no option even though he new I was only driving a few miles to the Truck Stop to obtain one and there was, in theory, no additional risk than otherwise would be deemed normal. I’m not happy with myself!

 

tigerfish replied on 29/06/2017 20:04

Posted on 29/06/2017 20:04

Snowy, I am really sorry for you under these circumstances. I am really surprised that the VOSA agent was not able to issue a caution under these circumstances .

I guess that is the difference with a fully warranted Police Officer as apposed to these "Private" enforcement agencies. The Police have always carried a power of discretion when dealing with lesser or technical infringements. They can and do issue cautions or decide to take no action.

As it is we now have a hard working and responsible professional driver  upset and annoyed and less likely to help others in future.

Bad Policy!

TF

tigerfish replied on 29/06/2017 20:10

Posted on 29/06/2017 20:10

Snowy,

Thinking about it, why not try writing to the head of VOSA in your area setting out the full facts as you articulated in your post above. Ask him directly whether a caution could be substituted for the Ticket.

It will not hurt, and He/She can only say no!  It cannot make things any worse, and who knows they may have more discretion available than the fairly new operative that you saw!

TF

replied on 29/06/2017 20:38

Posted on 29/06/2017 20:38

Sorry Snowy

Snowy1 replied on 29/06/2017 23:19

Posted on 29/06/2017 23:19

Tigerfish;

I think it might be best to let sleeping dogs lie?

I appreciate you advising me and also sticking up for me. In my opinion, you are one of the most qualified persons to help and advise me as you have served in the Police Force for 30 years or so, having made a senior rank too, but there is a little more to this event than I’ve mentioned thus far. When I was stopped, there were two lots of staff i.e. the administration checking & mechanical checking members of staff. The said vehicle mechanic was not aware (many Mechanics, Drivers and Operators are not) that the yellow airline was now redundant with regard to operating the braking system under normal circumstances, I had to do a demonstration on site to prove that the trailer brakes were fully functioning without the yellow line connected. The mechanic then had to make a few phone calls to confirm that the EBS worked totally via the 7 pin EBS/ABS electrical lead. This means that more staff were involved and Empire Building began. I am knowingly in the wrong even though, in theory, it was not a dangerous act and I drove slower & steadier and allowing more distance from the vehicle in front for said few miles I was travelling to the truck-stop.

To give a similar example of what I did, which could happen to anyone of us Caravanners;

You are travelling with your caravan over Woodhead Pass between Sheffield and Manchester, you pull into a Roadside Layby just after Sheffield for a Toilet Break (10/100), you notice that the Caravans’ Break-away cable has become unattached and it has been trailing on the road, the Carabina has practically grinded away. You know it is an offence to travel without it connected! You also know that between Sheffield & Manchester on said route that you could divert just a few miles into Glossop. What’s in Glossop? Glossop Caravans, and you know they will be open! Are you going to call out recovery or are you going to carry on (travelling a little slower & steadier) via Glossop caravans and obtain a replacement? If everyone reading this is truthful, they would do the same as I? if you do, don’t get caught!surprised Or better still, carry a buck-she Break-away Cable.wink

 

 

 

Rocky 2 buckets replied on 30/06/2017 10:39

Posted on 30/06/2017 10:39

The law is the law. I was fined for having a tail light out, it happened whilst driving-an argument could be put forward that on a motorway we can't stop every few yards to check all the lights are working. I'd checked them before I left 'miss goody two shoes' I was but still accepted that the law is the lawsmile 'tis life.

tigerfish replied on 30/06/2017 14:09

Posted on 30/06/2017 14:09

R2B  You are correct in saying that the law is the law. But there is a legal defence, proven by a stated case, that if a motorist says that they checked their lights before departing on that journey and found that they were working, then the failure de facto occurred during the journey in question. And they therefore had a legal excuse!

It would appear on the facts related in your post, that you should have availed yourself of that let out clause.

TF

Rocky 2 buckets replied on 30/06/2017 15:26

Posted on 30/06/2017 14:09 by tigerfish

R2B  You are correct in saying that the law is the law. But there is a legal defence, proven by a stated case, that if a motorist says that they checked their lights before departing on that journey and found that they were working, then the failure de facto occurred during the journey in question. And they therefore had a legal excuse!

It would appear on the facts related in your post, that you should have availed yourself of that let out clause.

TF

Posted on 30/06/2017 15:26

I may have done if I knew of it TF, I reckon it's like most 'get out of jail free' cards-they keep them a secret as it'd hit revenuefrown. Law enforcement & common sense are strange/rare bedfellows.

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