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ANY QUESTIONS?
Page 42
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WHAT IS THE MEANING OF 'Elq QRecently, we have had an immediate prohibition issued on one of our vehicles. The notice was marked in box C with 'N'. We were told by the vehicle examiner that this meant neglect. Our fleet engineer was horrified — our vehicles are maintained regardless of cost and therefore to the highest standards. The vehicle in question was eight months old and had had a thorough service and inspection three days before the incident. Does this 'N' mean that the VI is saying that the whole vehicle has been neglected, or just the item — or is it just an opinion that can be challenged?
FM, Manchester AI can understand your frustration. This topic has recently been raised in an appeal to the Transport Tribunal A41/1/2/3/4 NV. In that appeal the Tribunal states:
"The insertion of an 'N' in box C on a prohibition notice is, as we understand, no more than an internal memorandum within the Vehicle Inspectorate Service of the DTp. It has no statutory sanction and so far as we have been able to discover, there is no publication explaining its significance. A prohibition notice may contain several defects. There is no way of knowing from the notice itself whether an 'N' relates to one defect or to all, or even to the apparent general condition of the vehicles."
A letter received from the VI in reply to a complaint says: "N' marked on a prohibition refers to lack of maintenance. I would point out that the lack of maintenance and neglect are not necessarily connected."
That letter was signed by a district manager. What does it all mean? I think that the anotating of prohibitions with 'N' must be at the time made clear as to what it applies to. If this cannot be, then it shouldn't be marked.
Operators who feel aggrieved should ask for a written explanation. All too often Licensing Authorities attach more weight or seriousness to prohibitions marked accordingly which, without explanation, is grossly unfair.
THREE IN NONE Qwas very interested in the question relating to 12-seat minibuses (CM15-21 March) headed 'Liability Query'. May I ask you to expand on this.
We are building a triplepurpose vehicle based on a new Transit 190 high-roof van for a contract hire client. The vehicle will be supplied with 12 seats fitted to a track system. It may be used with, say, three seats removed and with three wheelchairs.
Do wheelchairs securely fitted to a track system constitute 'seats' under the terms of the car tax Act?
If the vehicle is used without seats in the rear as a goods vehicle, but having minibus-type windows to the rear, is car tax payable?
I assume that if there are less than 12 seats — again, say, nine — and these have been removed to accommodate goods, and the vehicle is not carrying passengers, would car tax again be payable?
This vehicle is also fitted with an underslung wheelchair tail-lift. Could it therefore be deemed a welfare vehicle — and if so would car tax be applicable?
My client will use this vehicle in conjunction with a county council, and they are very interested in this type of vehicle.
EPL, Barton A If you are supplying the vehicle with 12 seats then car tax does not apply. If you remove three seats and replace them with wheelchairs fixed to track, then car tax does not apply. But if you remove three seats and use the space for the carriage of goods, car tax does apply. The wheelchair tail-lift does not gain you exemption because you are carrying more than five other persons.
If the vehicle is used as a goods vehicle and has windows to the rear than car tax would apply. However, the space behind the driver has to be deemed to be accommodation. (R vs Customs & Excise ex p Nissan UK 1987).
WEIGH AND THEN WEIGH AGAIN
One of my drivers col lected a French trailer from the Customs compound at Portsmouth docks at 22:00hrs Tuesday. The delivery to Doncaster was timed for 04:30hrs Wednesday. He weighed the combination on a static at our yard and found that he was 37,650kg. The CMR said that there was 20.5 tonnes of plastic in the tilt. He was stopped and checkweighed by trading standards halfway up and told that his train weight was 39,210kg and his pin was 11,450kg.
The driver didn't accept this and asked to be weighed again, but trading standards refused. When he reached his destination he asked the client to weigh him and sign that he had received everything as per the CMR. The weight found on the client's weighbridge (certified public) was 37,185kg. Who is right — and should we be prosecuted?
DJ, Sidcup A Firstly it is interesting
that the trading standards officer refused a second weigh and it is most probably because he knew he would get a different set or recordings.
The difference between the first weigh on your bridge and the last on your client's nearly equates to the fuel used. I think you have a good chance of not guilty. Get your advocate to try and reason with the trading standards senior officer, and failing that enter a not guilty plea and fight it — but again make sure that your advocate really understands what it is all about.
TAKE A BREAK QI was told by a traffic examiner that taking two breaks of 221/2 minutes is alright during the 41/2-hour driving period. Is this right?
BC, Bristol AIn my opinion Yes and I have asked a number of Senior Traffic Examiners who would agree. The regulations say "of at least 15 minutes", so there is nothing to stop you doing the following: Drive two hours; rest 17 minutes. Drive 21/2 hours; rest 28 minutes.
Or: Drive 21/2 hours; rest 221/2 minutes. Drive 21/2 hours; rest 221/2 minutes.
You are complying with the regulations. What you can't do is take two breaks of 17 mi,utes and one of 11.