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Enforcing the law

9th April 2009, Page 28
9th April 2009
Page 28
Page 29
Page 28, 9th April 2009 — Enforcing the law
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Which of the following most accurately describes the problem?

Without enforcement agencies pulling drivers over at the roadside, levels of compliance in road haulage would inevitably fall, and the dangers faced by all road users would increase. Yet roadside checks can seem an unnecessary waste of time to those under pressure to meet delivery deadlines and whose record is largely unblemished. Who has the right to stop vehicles and what action can officials take? Here are 10 things drivers should know about roadside enforcement.

Stopping vehicLes

Only the police and VOSA have the power to stop vehicles at the roadside, but other government agencies work in tandem with them to monitor specialist sectors The Environment Agency, for example, becomes involved to ensure waste transfer notes match up with any waste being carried. Checks can take place anywhere and at any time. although VOSA mostly operates between 9am and 5pm.

Selection

VOSA uses an operator compliance risk score (OCRS) to decide which vehicles to stop at the roadside. The scores are based on information dating back two years and cover roadworthiness and traffic enforcement, including details about drivers' hours. When a registration number is keyed into a special 'mobile compliance device', the OCRS is displayed along with other relevant information about the operator. This method does not mean that only operators with a poor score are stopped because certain infringements can be spotted at the roadside.

Documents

Drivers must he able to provide tachograph information for the current day as well as their previous 28 working days. Even if there is an analogue tacho in the vehicle, drivers must show their digital smart card if they have one. Drivers delivering dangerous goods will need an ADR certificate, and those carrying waste must have a waste transfer note. From September, a Driver Certificate of Professional Competence (CPC) card must be carried by drivers who have received the relevant training. Drivers may also be asked to show their driving licence, a vehicle test certificate and insurance documents within seven days.

Fixed penalties From the beginning of this month, offences covered by fixed penalties have been extended to cover breaches of overloading, construction and use and tacho regulations. Debit and credit card payments are acceptable. and VOSA says that, initially, it does not want payment in cash. Transport lawyer Tim Ridyard says: "If you are a driver with a satisfactory UK address, you have 28 days to pay. If you don't have a satisfactory address, you are in the financial roadside deposit scheme."

This means paying a deposit to cover any potential fine.

Impounding

the main reason for impounding a lorry is that it is not registered on an 0-licence. Paul Waters of the Freight Transport Association members' advice centre says a vehicle can also be impounded if it is subject loan accident or serious crime investigation. If a driver commits an offence covered by the fixed penalty scheme and cannot provide either a satisfactory UK address or the necessary deposit, police and VOSA have the power to immobilise the vehicle by running wire rope around the wheels.

Arrest

If arrested, drivers have the right to free legal representation before being interviewed by police. But if they are arrested on suspicion of drink-driving, drivers should not expect to wait for legal representation before being breathalysed:They have a right to read a copy of the police code of practice relating to detention, but have no right to inform people about their arrest.

Transport lawyer Andrew Woolfall says time spent in custody will be regularly reviewed, and drivers are entitled to refreshment if detained for an extended period.

Powers of examiners If examiners consider an offence so serious that it warrants prosecution, the driver is interviewed under caution and documents may be retained as evidence. If an immediate prohibition notice is issued, the vehicle cannot he used until the fault has been rectified. Delayed prohibition notices allow up to 10 days to rectify faults. Roadside equipment used by examiners includes tachograph record analysis equipment, roller brake testers and heat sensors to check brake performance, and smoke meters and exhaust gas analysers to check emissions.

Overloading

Weigh-in-motion sensors, which are placed in the road to identify overweight trucks, are now being linked up with automatic number plate recognition systems to identify the most likely culprits. Examiners will direct suspect vehicles to a nearby location to confirm any breach of overloading regulations, and then a proportion of the goods will either be offloaded or redistributed. Prosecution is unlikely if the gross vehicle weight has been exceeded by less than 5%.

Bogus officials

Impersonation of enforcement agency staff is rare, but drivers should be alert to the danger.Tony Allen, chairman of the Road Haulage Association security committee, advises drivers who are suspicious to keep their cabs locked, take stock of the situation. and, if still unconvinced, alert their office about what is happening. He says: "If you have a high-value load, I would hope that the company in question would have issued a card that drivers can hold to the window and which says they will follow whoever has stopped them to the nearest police station."

International International drivers require considerably more paperwork, including a driving licence, a passport and evidence of international insurance, They should also carry money to cover fixed penalties.

Richard Fry, director of Somerset-based Framptons Transport Services, says corruption is now less widespread on the Continent, but drivers should always ask for a receipt when paving. This helps ensure the money is not kept by the official and makes it easier to challenge the penalty.


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