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=00 fines for selling bad parts
Page 91
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by Les Oldridge TEng (CEI), MIMI, AMIRTE LAST WEEK 1 discussed the new law which makes it an offence to sell or fit defective or unsuitable vehicle parts. This section should deal effectively with persons who, for example, sell sub-standard tyres, or who fit any other vehicle part which is not up to the required standard.
It is a defence to a charge against this section to prove that the vehicle to which the part was fitted was to be exported from Great Britain or that the vehicle would not be used on roads here until it had been put into a condition in which its use would not constitute a contravention of or failure to comply with the C and U requirements.
The same section gives an authorized examiner power at any reasonable hour to enter premises where, in the course of business, vehicle parts are fitted to vehicles or are sold, supplied or offered for sale and to test and inspect any vehicle or vehicle part found there for the purpose of enforcing the Act. There is a maximum penalty of £200 for selling or fitting a defective or unsuitable vehicle part and a £100 fine for obstructing an examiner.
Section 13 and Schedule 3 of the Act contains many amendments to the law concerning ordinary driving licences. Among these are provisions that a driving licence may be issued so as to expire on the holder's 70th birthday. There is an obvious risk that a person's health may seriously deteriorate over the years so that he is no longer fit to he the holder of a driving licence. It is not surprising that the law concerning the notification of disabilities has been strengthened. For example, it will be necessary to declare a disability which does not render the driver unsafe at that time but which might get worse as the years pass this is now referred to as "a prospective disability".
There are new powers to enable appeal courts to suspend periods of disqualification from driving imposed upon appellants until the appeal has been heard. The period which must elapse before the holder of a licence which has been endorsed is entitled to a clean licence has been extended by a year.
Section 14 contains several additions to Section 160 of the Road Traffic Act 1972, which deals with the weighing of vehicles. It is now an offence to obstruct an authorized person or a constable requiring a vehicle to be weighed. Power is given for regulations to be made with respect to the manner in which a vehicle or trailer is to he weighed and the limits within which, unless the contrary is proved a weight determined by a weighbridge, is considered to be accurate. An authorized examiner or police constable may now require the driver of a vehicle which is to be weighed. to drive the vehicle or to do any other thing in relation to the vehicle or its load which is reasonably required to be done so that the vehicle can be weighed.
Weighing machines
suspect that this addition to the law is to allow new types of weighing machines to be used. In order to save an authorized person who has weighed a vehicle being called to court to give evidence as to its weight it is now sufficient if a signed certificate in the prescribed form is produced in court. If an authorized person or a policeman drives a vehicle in a particular manner or to do anything else in relation to the vehicle or its load then he is not liable for any damage or loss caused by his action unless it can be shown that he acted without reasonable care.
Section 15 amends the law so that the, Secretary of State can make Regulations to allow 18-year-old persons to drive certain hgv. This is the change in the law which we have heard so much about, hut it must be emphasized that the new regulations have not yet been made and the present law that drivers must he 21 years of age before they can drive this type of vehicle is still in force.