Hitting back
Page 26
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One of your reporters wrote an article on the attitude of certain vehicle inspectors (CM 18-31 Dec 1997) and, in the course of that investigation, spoke to my client Peter Pesticcio of Falcon Low Loaders. I note the scathing response to the article in last week's letters page from Dennis Beale.
I have now written to the Vehicle Inspectorate's chief executive Ron Oliver enclosing copies of letters I have now received from the VI on the matter.
The VI's attitude simply underlines the complaints that are being made generally in the industry There can be no effective appeal against a PG9 if the VI is always going to support the view of the examiner at the roadside, whether by accepting a subjective observation or by accepting an allegation that there has been subsequent interference.
In the particular circumstances of Mr Pesticcio's case I am advised that it is simply not possible for an examiner to see the brake adjusters on his trailer without getting under it. Mr Pesticcio is not only an extremely well-qualified engineer, but was responsible for the construction of the trailer.
The VI maintains that it is possible, but it is not, and that is a matter of fact and not of subjective view.
The letter of 25 November which relates to the immediate prohibition, issued on the allegation that the stroke of the brake adjusters was excessive, is in my view one of the most threatening documents I have seen for some time. It seems to me that it is a quite blatant attempt to support the decision of the examiner which could simply not be justified.
The gratuitous observation that the brakes were tampered with before reexamination is not only hotly denied by my client, but is extremely offensive.
It seems to me that the subsequent efforts to demonstrate that the examiner was right in his belief simply reinforces my concern about the current system. The PG9 should never have been issued, and there it is.
I await Mr Oliver's response.
Jonathan S Lawton, Solicitor, Manchester.