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P LETTER OF THE WEEK

10th December 2009
Page 15
Page 15, 10th December 2009 — P LETTER OF THE WEEK
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Which of the following most accurately describes the problem?

The devil is in the detail

WHILE DENBY TRANSPORT might be applauded for its tenacity in pressing for 1l-[Vs to , be allowed on UK roads, the company's stated intention to use one on public roads is foolhardy to say the least (CM 12 November).

Not only that, but the response the company gave to Graham Wilson's letter ('What right does Denby think it has to exploit "grey areas" in the rules'. CM 26 November) is disingenuous and misleading to CM readers by failing to give the full and correct legal position.

Regulation 7(5) of the Road Vehicles (Construction and Use) Regulations 1986 states that where a motor vehicle is drawing two or more trailers, the overall length of the combination of vehicles shall not exceed 25.9m.

However, after years of pushing for LHVs, I have no doubt that Denby Transport is also fully aware of Regulation 83, which specifies how many trailers a motor vehicle is permitted to draw.

The only vehicles permitted to draw two trailers are locomotives (three trailers) and motor tractors (two trailers if both unladen).

Locomotives and motor tractors are defined as vehicles not themselves constructed or adapted to carry a load. The tractive unit of an articulated vehicle is constructed to carry a load and, as a consequence, comes within the definition of a heavy motor car in the same way as a rigid goods vehicle. A heavy motor car on the kind of work involved is permitted to draw one trailer only.

So, Denby Transport's problem is not with Regulation 7 but, in fact, with Regulation 83. There is no legal 'grey' area involved.

Denby Transport not only runs the risk of a heavy fine and costs, but where the holder of an 0-licence sets out to deliberately break the law, he puts his good repute into question. Jim Duckworth Transport Law Services

Woking, Surrey

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Locations: Surrey

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