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know the law
Page 125
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by Les Oldridge AMIRTE, MIMI
Prohibition notices (1)
ALMOST every week CM carries reports of fleet operators being called before the Licensing Authority because the maintenance of their vehicles is not up to the standard required. In all these cases it is stated that a certain number of GV9s have been issued in respect of vehicles operated by the company. There is nothing new, of course, in vehicle examiners prohibiting the use of defective commercial vehicles by the issue of a GV9 as the relevant legislation is contained in the Road Traffic Act, 1960. In fact similar legislation was in force much earlier than 1960 when the current law was introduced.
However, with operators' licensing and the abolition of A-, Band C-licences a new importance has been brought to maintenance; safety is now the all-important factor and consequently if a firm's vehicles are constantly being prohibited from being used because of defects in them, the LA is bound to ask: "Is this company fit to be running the number of vehicles for which it has a licence?"
Vehicle examiners
Section 183 of the Road Traffic Act, 1960, deals with the appointment of vehicle examiners by the Minister "for the securing that goods vehicles are maintained in a fit and serviceable condition" and it is these gentlemen who generally issue the 0V9. The second part of this Section gives power to these examiners, at any time, on production of their authority, to enter and inspect any goods vehicle and detain it for such time as is required for the inspection. They may at any time "which is reasonable having regard to the circumstances of the case" enter premises on which they have reason to believe a goods vehicle is kept. There is a maximum penalty of a £20 fine for obstructing an examiner in the performance of this duty and there is an increase to a 450 fine for a second or subsequent conviction.
So far as I am aware what is considered to be a "reasonable time" for an examiner to require entry to premises has never been decided. One would think that ordinary common sense must prevail in this connection; certainly during normal working hours when workshops are open is a reasonable time for them to require entry. This is the time when they would normally be expected to be inspecting vehicles and as the competent and conscientious operator will, in any case, want to co-operate with the examiners this is probably not an important issue.
If on inspection of a vehicle the examiner finds defects which makes it unfit, or likely to become unfit, for service then he may prohibit the use of the vehicle on a rind for the carriage of goods. (Road Traffic Act 1960, Section 184.) When he does this he must forthwith give notice of the prphibition to the owner of the vehicle and the person in charge of the vehicle. This notice must be in the form laid down in the 5th Schedule to the Goods Vehicles (Licences and Prohibitions) Regulations 1960 and it is this Schedule from which the GV9 is derived.
The prohibition may be immediate or delayed. A delayed prohibition is issued where, in the opinion of the examiner, the defects can be remedied within a period not exceeding 10 days and there is no immediate risk to public safety. In the case of the immediate prohibition the vehicle must not be used for the carriage of goods until the prohibition is removed and where the prohibition is a "delayed" one it must not be used after the expiration of the "delay" period. A person who drives or causes or permits a vehicle to be used for the carriage of goods while a prohibition is in force is liable to a maximum fine of £20 (f50 and/or three months' imprisonment for a second or subsequent conviction).
Unfit vehicles
It will be noticed that GV9s may be issued if the vehicle concerned is, or is likely to become. "unfit for service" because of defects. It is not necessary for the defects to constitute an offence under the Construction and Use Regulations although, of course, they may do so. For example, for a prosecution for excessive exhaust smoke to succeed the prosecution must prove, to the satisfaction of the court, that damage to property or injury to persons was caused or was likely to be caused. There is no such obligation where GV9s are concerned, it is only necessary for it to appear to the examiner that the vehicle is "unfit for service" because of the excessive smoke before he issues the GV9. Often it is a matter of opinion as to whether or not a particular defect is serious enough to warrant a prohibition. Experienced fitters often disagree among themselves as to the necessity of renewing a particular part; it is not surprising that on occasions the examiner's decision is questioned by another engineer.
More concerning GV9s next week.