U-turn for Vosa after overlength court case
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By Derren Hayes
VOSA HAS been forced to review its policy on overlength vehicles after a car transporter driver successfully overturned a prosecution for breaking length regulations.
Last month, South Ribble Magistrates’ Court in Leyland, Lancashire dismissed a case brought by Vosa against Mark Hardy for driving a car transporter in excess of the 18.75m maximum allowed under the Road Vehicles (Construction and Use) regulations 1986 and section 42 of the Road Traffic Act 1988.
The ruling forced Vosa to withdraw two further cases against other car transporter drivers pending further legal advice, and has called into question its interpretation of the length regulations for drawbar combinations.
A Vosa spokeswoman said: “Following a magistrates’ court decision to disallow a Vosa prosecution where an operator used an overlength vehicle, a decision was made to withdraw similar cases pending further advice.
“The operator’s defence has forced Vosa to review its policy on what constitutes overlength vehicles.” The case has brought to a head a long-running dispute between Vosa and car transporter operators, centring on whether a safety device at the front of the trailer should be included in the vehicle measurement.
Operators say the device, known as a flip-over chock (pictured), is vital for safe operating as it prevents the risk of a vehicle falling off the front of the trailer.
EMERGENCY MEETING SCHEDULED
The Road Haulage Association’s (RHA) car transporter group is to hold an emergency meeting in early December to discuss what to do about the overlength issue and is calling for input.
“This has been going on for 40 years, but had not been tested in court until a few weeks ago – where Vosa lost and subsequently withdrew from two further similar court cases,” said Nick Deal, secretary of the RHA’s car transporter group.