Two wrongs don't make a right
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T write regarding a letter in 1 Dear Sir (16-22 Dec). The article was more interesting and controverisal since it appeared to come from a member of the PCV industry. However commendable and well intentioned, it is nevertheless a rather simplistic and narrow view.
Len Wright suggests a link between Section 99(6) TA 1968 and The Police and Criminal Evidence Act 1984, this is open to question and introduces more into PACE than I believe was intended. Where principal legislation exists for commercial vehicles and drivers, it is that which should be applied, not back door methods through PACE.
Mr Wright's suggestion that police could seize records and hand them to a VI examiner for action is something I suggest would not stand up to legal examination. Some of our current Road Traffic specialist solicitors would likely enjoy such a contest with all the attendant implications.
The production and seizure of records is a highly contentious issue and causes needless difficulties to enforcement agencies, but this is not a reason to circumvent the rule of law. Certainly there are weaknesses and loopholes which must be eliminated, but until this happens, we should not condone or encourage manipulation of the rules. Two wrongs donut make a right.
The VI and police could learn from some of their counterparts in the EC and equip staff with mobile photo copying facilities at roadside checks. The suggestion that records might "mysteriously" disappear is quite true, but once a record has been identified, examined and signed, any late refusal to produce it could result in prosecution.
Finally, modern fleet operations keep tachograph records for reasons in addition to drivers' hours and this should be respected; once seized try and get them back! John Allen Road transport consultant Kent.