AT THE HEART OF THE ROAD TRANSPORT INDUSTRY.

Call our Sales Team on 0208 912 2120

PROHIBITIONS I f a mechanical examination shows up defects which make

18th November 1993
Page 51
Page 51, 18th November 1993 — PROHIBITIONS I f a mechanical examination shows up defects which make
Close
Noticed an error?
If you've noticed an error in this article please click here to report it so we can fix it.

Which of the following most accurately describes the problem?

the vehicle unfit for service—or likely to become unfit for service—a VI examiner or a policeman authorised for the purpose has power, under Section 69 of the Road Traffic Act 1988, to prohibit the driving of the vehicle on a road. If that action is taken, the person in charge of the vehicle must be given a written notice of the prohibition which sets out the defects, states its scope and when it comes into force. The holder of the vehicle's Operator's Licence or, if not authorised on an 0-licence, the vehicle's owner, must be notified of the prohibition as soon as reasonably practicable.

A prohibition imposed by an authorised policeman comes into force as soon as the prohibition notice has been given. But a prohibition imposed by a VI examiner takes effect immediately only if he considers the driving of the vehicle would involve a danger of injury to anyone. A prohibition which does not come into force immediately will come into a force on a date specified by the VI examiner but not later than 10 days after it was imposed. An exemption from a prohibition can be issued to enable the vehicle to reach a place for repair or elsewhere and it can be made subject to conditions regarding maximum speed, load carried, etc. But it should be noted that the exemption is only from the effect of the prohibition and is not an immunity from prosecution for any defects on the vehicle.

If the vehicle is subject to plating and testing, the person imposing a prohibition can also direct that it is irremovable until the vehicle has been inspected at an official testing station.

If the vehicle is subject to an annual Mols test—or would be if it was three years old— a prohibition can be made irremovable until the vehicle has had an MoT test.

A prohibition can also be imposed for overloading. ft can be issued, under Section 70, by those persons authorised to weigh a vehicle and where (a) a Construction and Use weight limit for the vehicle is exceeded or (b) due to excessive gross or axle weight the vehicle would involve a danger to any person. Notice that in (b) the vehicle does not have to exceed a C&U limit.

This type of prohibition can include a direction that the vehicle be moved to another place—such as for offloading—and the prohibition does not apply to that movement. Failing to comply with the direction within a reasonable time is an offence.

The prohibition lasts until the weight had been reduced to the legal limit and an official notice has been given that the vehicle can proceed. The notice can be withheld until the vehicle has been re-weighed.

Tags


comments powered by Disqus