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Top 10 things to do when it goes wrong 1
Page 35
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Get a full explanation from the driver— discover if there are any unusual circumstances and find out if there is a defence 2 Investigate how the offence occurred; collate the necessary paperwork from all sources (weight notes, plating certificates etc) 3 Review overloading procedures and revise them well In advance of any prosecution to show that this has been done at the earl lest opportunity 4 When prosecuted, do not skimp on preparation — provide the court with the fullest explanation that you can 5 Seek legal advice and representation, bearing in mind that by driving down the fine imposed it will be easier to persuade the Traffic Commissioner that it was a less serious offence, when It is reported in due course 6 Consider attending court to create the best impression that you can 7 Take advice about appeal if things do go wrong — courts can and do make mistakes in sentencing 8 Be seen to be taking the issue seriously when you are dealing with the court and the Traffic Commissioner, however much you may feel aggrieved by the prosecution 9 II a guilty plea is inevitable, co-operate by putting in an early guilty plea —this can reduce the sentence by at least a third Write a letter of explanation to the Traffic Commissioner within 28 days of the court date: think about the content and do not provide so much information that things appear worse rather than better 10 Avoid 'emergency dentistry' by 'preventive dentistry' — have a system in place which avoids overloading as far as this is reasonably practicable. If something then goes wrong it will be in spite of management systems, not because of them