limeyphil:
vosa don’t have the power of arrest.
No but a quick shout on the radio and the ones that do will soon arrive and hey presto like i said. You should only be cautioned when an offence comes to light, and you can be arrested for any offence.
Much as VOSA and their constant stops annoy me it does pay to be friendly and helpful. When you consider that I’ve worked for the likes of Nolans and HSF and currently work for a company now running legal but VOSA still stop on sight the fact I’ve never seen a fine or a court room when it comes to tacho offences says a lot for being nice to them, much as I don’t want to be when they are holding me up for an hour and a half. Its just self preservation, be an angry ■■■ and they go though everything, or bit nice and get away easy, simple choice really. Also, they have never searched my cab.
switchlogic:
Much as VOSA and their constant stops annoy me it does pay to be friendly and helpful. When you consider that I’ve worked for the likes of Nolans and HSF and currently work for a company now running legal but VOSA still stop on sight the fact I’ve never seen a fine or a court room when it comes to tacho offences says a lot for being nice to them, much as I don’t want to be when they are holding me up for an hour and a half. Its just self preservation, be an angry ■■■ and they go though everything, or bit nice and get away easy, simple choice really. Also, they have never searched my cab.
There’s nothing wrong with any of that until the fateful day when/if they find something seriously amiss with the vehicle’s condition in addition to a few small hours issues which you and the guvnor are honestly not aware of.If they feel like taking things along the criminal enforcement route just being nice to them would’n’t help you much then.
Carryfast:
switchlogic:
Much as VOSA and their constant stops annoy me it does pay to be friendly and helpful. When you consider that I’ve worked for the likes of Nolans and HSF and currently work for a company now running legal but VOSA still stop on sight the fact I’ve never seen a fine or a court room when it comes to tacho offences says a lot for being nice to them, much as I don’t want to be when they are holding me up for an hour and a half. Its just self preservation, be an angry ■■■ and they go though everything, or bit nice and get away easy, simple choice really. Also, they have never searched my cab.There’s nothing wrong with any of that until the fateful day when/if they find something seriously amiss with the vehicle’s condition in addition to a few small hours issues which you and the guvnor are honestly not aware of.If they feel like taking things along the criminal enforcement route just being nice to them would’n’t help you much then.
Believe me in the past I’ve been stopped with a lot more than small hours issues, i.e no tachos at all. I won’t be stopped with something seriously amiss with the vehicles condition. All the companies I named and the one I work for are hot on maintenance. Plus as someone who drives the same truck day in day out I keep on top of it. They occasionally find small faults but wont find anything big.
limeyphil:
there is a way round all this. they should read you your rights. and this includes free legal representation. just say that you would like to take them up on the legal representation before going any further. if this is denied, then that is fine too. the reason for this is because any evidence they gather will be none admisable in court.
- Sorry to steal your thunder but i’m afraid you are wrong on the above, free legal representation only applies when under arrest and in police custody at a police station. In respect of evidence this can be gathered by Police/VOSA at any time before or after being cautioned, and is fully admissible in court irrespective of the presence or lack thereof of any legal representative at the given time.
Like some posters have already said, the attitude test goes a long long way in ensuring things go smoothly for all concerned when stopped by Police/VOSA 
There is a recent post about splitting drivers breaks and since the regulation changed in April 2007 it proves that neither VOSA, an anylyst or the employer are checking the cards regularly. It surprises me that the question was posted, especially after the Rog and Dell show recently.
southcoastsurfer:
- Sorry to steal your thunder but i’m afraid you are wrong on the above, free legal representation only applies when under arrest and in police custody at a police station. In respect of evidence this can be gathered by Police/VOSA at any time before or after being cautioned, and is fully admissible in court irrespective of the presence or lack thereof of any legal representative at the given time.
Like some posters have already said, the attitude test goes a long long way in ensuring things go smoothly for all concerned when stopped by Police/VOSA
Not quite so, you do not have to be arrested to have free legal advice. and also yes physical evidence can be admisable, however any conversations were questions have are put to someone regarding alledged offences are not if you have not been cautioned, otherwise what would be the point of the caution??
Indeed, if we are getting into particulars then yes the exception applies to an interview under caution at a police station (whether arrested or not) which would qualify for free legal advice, and in respect of being cautioned for any subsequent verbal evidence to be admissible, this only applies to a PACE interview. If verbal evidence in relation to a suspected offence is offered freely without questioning then this is admissible from the outset.
bigtrev:
lad at our company refused to give them entry to his cab and refused to co-operate - Got a £200 quid FPN for obstructing the examiner and they where down the yard to check his records within the month.the boss was so chuffed, the lad is now looking for another job.
Classic! 
Sounds like Att should move to the states, land of the free and home of the brave! Unless you want to start your own Country, you have to conform to the authority and laws laid down by the collective society you live in, you have to obey enforcement organisations in all country’s in the world.
I talked all through my test, you have to understand they are only doing their job and dont forget every fiddler they get makes it better for you
£200 for obstruction would be failing to let them in the cab, refusing to hand over tachographs etc…
Refusing to answer any questions wouldn’t be seen as obstruction because it’s a fundamental of law. The right to remain silent. Ok VOSA could write down in their report you werent helpfull.
But arent a huge amount of cases decided on what the defendent has said when questioned. Most people talk themselves into trouble.
People talking before about them two truckers getting jailed for dodgy tachos whilst ■■■■■■ etc… get off with things, there is a reason for that. Most criminals know the system and know the first rule is STFU, let the police, courts etc… prove you did something wrong, give them nothing. The normal generally law abiding person has this misplaced notion the police are decent, and you can reason with them explain what happend and everything will be allright.
Have a serious accident, sit chat with the nice policeman over a cup of tea, nice guy sitting listening tell him what happend, your thinking what a decent guy, the policeman is thinking nice one this idiot has just admited to what we can twist into dangerous driving, should hopefully get him sent down.
I’m always very carefully about what i say to the police even though i don’t go around doing illegal things, ive know people in the past who don’t go around doing illegal things and ended up finding themselves in trouble anyways.
Kenny1975:
£200 for obstruction would be failing to let them in the cab, refusing to hand over tachographs etc…Refusing to answer any questions wouldn’t be seen as obstruction because it’s a fundamental of law. The right to remain silent. Ok VOSA could write down in their report you werent helpfull.
But arent a huge amount of cases decided on what the defendent has said when questioned. Most people talk themselves into trouble.
People talking before about them two truckers getting jailed for dodgy tachos whilst ■■■■■■ etc… get off with things, there is a reason for that. Most criminals know the system and know the first rule is STFU, let the police, courts etc… prove you did something wrong, give them nothing. The normal generally law abiding person has this misplaced notion the police are decent, and you can reason with them explain what happend and everything will be allright.
Have a serious accident, sit chat with the nice policeman over a cup of tea, nice guy sitting listening tell him what happend, your thinking what a decent guy, the policeman is thinking nice one this idiot has just admited to what we can twist into dangerous driving, should hopefully get him sent down.
I’m always very carefully about what i say to the police even though i don’t go around doing illegal things, ive know people in the past who don’t go around doing illegal things and ended up finding themselves in trouble anyways.
Coppers like that one who’s just got done for driving around the streets in town showing off his high speed driving skills to his dad and uncle in his ‘firm’s’ car with the blues flashing while returning from delivering a birthday card to his sister at 104 mph in a 40 mph limit and then hit a woman killing her doing 56 mph in a 30.He denied the offence by telling his mates in the force that he was chasing a non existent stolen car.He got 6 years for causing death by dangerous driving out of a possible 14.So in his case it was worth trying to pervert the course of justice but anyone else would’nt be so lucky as that also was’nt added to the charges against him and even if they were he would’nt have got those 14 years I’d bet.I just hope that those two jailed drivers are reading this.
mezzzz1211:
do you know its now a fine-able offence not to co-operate with a vosa operative £200 according to the pamphlet they gave me
since when, i thought you had the rigth to remain silent but it may go against you now, so i guess you can reply with no comment at least then you arnt remaining silent are ya,■■ really
they gave me 2 probatations at the side of road and i book wagon in and probtations got removed and i didnt do anything or fixed anything on the wagon. So could someone explain that??
So has anyone been pulled and been offered a burger of the BBQ this week?
scottishcruiser:
So has anyone been pulled and been offered a burger of the BBQ this week?
They were having a BBQ on the road outside Birkenhead port yesterday at 5 am so I demanded a ribeye steak and a beer. They were struggling to keep it lit with the wind blowing.
(let’s see how many people think I’m being serious now!)
switchlogic:
scottishcruiser:
So has anyone been pulled and been offered a burger of the BBQ this week?They were having a BBQ on the road outside Birkenhead port yesterday at 5 am so I demanded a ribeye steak and a beer. They were struggling to keep it lit with the wind blowing.
(let’s see how many people think I’m being serious now!)
I saw Chris Eubank get pulled up for a tachograph check, Gordon Ramsay was making a jus, the air was blue 
, so was the steak
switchlogic:
scottishcruiser:
So has anyone been pulled and been offered a burger of the BBQ this week?They were having a BBQ on the road outside Birkenhead port yesterday at 5 am so I demanded a ribeye steak and a beer. They were struggling to keep it lit with the wind blowing.
That one at Birkenhead must be one their cheap ones.There are some where can get you get as much steak as you can eat and as much beer as you can drink.But their mates in the law are waiting round the corner to nick you then for drinking and driving.The defence in that case would be entrapment.
(let’s see how many people think I’m being serious now!)
Carryfast:
att:
Thanks guys, it took 24 hours, but we got there.
Thats all I wanted to know.So in reality we do not have the right to remain silent, we are forced into communicating with these officials and that means(in legal speak) that you are being forced into entering into a contract
And before anyone pipes up, no I do not run bent, nor do I have any serious infringements on my card, I always do the job to the book, or as much as I know of the book…I am not perfect.
So absolute power it is then and we all know what absolute power does
Can this country become any more worse than what it is right now?? JUst what rights do we have left I wonder…I am begining to think none, zero, nada, not a one…
It’s not much different to what we’ve always had because when a copper reads you the caution it’s always been a case of you have the right to remain silent but it could harm your defence if you do.But at least with the coppers you can choose to remain silent until a defence solicitor is present.But we’ve never had the fifth amendment here like the yanks have.
The following statement comes from a reliable (Police) source…
The clue is in the FIRST SEVEN words of the caution I.E “You do not have to say anything” but it may harm your defence if you do not mention when questioned, something which you later rely on in court. Anything you do say, may be given in evidence?
In other words, if you’ve nothing to say, then don’t! Not without first getting legal representation anyway. And it means just what it says, say NOTHING after the caution is given…
As I said, this comes from a VERY good source.
The right to silence is still very much alive.
I thought that caution is only relevant in the case of an arrest - nothing else