Evening truckers, so i recieved a letter today off the police saying motor vehicle reg blah blah where the alleged offence of drive on a road a motor vehicle whilst not wearing a seat belt,
This is a shared refuse truck from my previous employer, I dont recall driving this particular truck on the day they say i was caught, what can i do and is an “alleged offence” mean they have no evidence?
Bare in mind as a bin motor the tacho is domestic rules (logbook) and as it was a bin motor if i was driving through a street stopping every 20 feet of whatever then yes i did not where a seatbelt because i was getting out the truck all the time, i thought this was legal if under 50 meters apart?
TruckerAds:
Bare in mind as a bin motor the tacho is domestic rules (logbook) and as it was a bin motor if i was driving through a street stopping every 20 feet of whatever then yes i did not where a seatbelt because i was getting out the truck all the time, i thought this was legal if under 50 meters apart?
On the facts stated there, yes you are exempt from having to wear a seatbelt. Write to the filth and explain that the vehicle is a dustcart, even better send them a photo of it clearly showing the registration number, and that should put it to bed.
Ive wrote back to the police today asking them what evidence they have to prove its me?
As it was domestic rules the company should of kept copies of my logbook but they never did too lazy so the logbook got bined when i left so no evidence there,
Somtimes the trucks would get driven off 3 maybe 4 different people in 1 day so i dont get what makes them think its me, all i can say is i am the ONLY former employee out of all 4 drivers so it makes me think there looking after there own,
But back to my original post what is an “alleged offence”
TruckerAds:
Bare in mind as a bin motor the tacho is domestic rules (logbook) and as it was a bin motor if i was driving through a street stopping every 20 feet of whatever then yes i did not where a seatbelt because i was getting out the truck all the time, i thought this was legal if under 50 meters apart?
On the facts stated there, yes you are exempt from having to wear a seatbelt. .
Harry Monk:
Write to the filth and explain that the vehicle is a dustcart, even better send them a photo of it clearly showing the registration number, and that should put it to bed.
Harry I suspect he may have a slight problem
TruckerAds:
This is a shared refuse truck from my previous employer
Unless his previous employer cooperates and they or he can prove from logbook entries evidence that he was/wasn’t driving. Then I suspect the employer may have figured out he was driving the cart that day and provided plod with details, much the same as any employer would for other offences using digi card downloads
tachograph:
You would have been exempt from wearing a seat belt while emptying the bins but not on your way to or from the depot/tip.
Thats the only time i personally did not wear a belt but the truck was spotted on a busy road so obviously not following rules but i dont recall doing this so i believe its being another driver but the company is pointing the finger at me as a former employee
So is an “alleged offence” no evidence to prove and there just hoping for a confession?
Harry Monk:
Write to the filth and explain that the vehicle is a dustcart, even better send them a photo of it clearly showing the registration number, and that should put it to bed.
Harry I suspect he may have a slight problem
TruckerAds:
This is a shared refuse truck from my previous employer
Unless his previous employer cooperates and they or he can prove from logbook entries evidence that he was/wasn’t driving. Then I suspect the employer may have figured out he was driving the cart that day and provided plod with details, much the same as any employer would for other offences using digi card downloads
So in your opinion if there is no logbook as evidence (which there isnt because i threw it away when i left) would that mean they have no way of proving who was driving?
TruckerAds:
So is an “alleged offence” no evidence to prove and there just hoping for a confession?
Not really, all offences are alleged offences until you’re proven guilty.
TruckerAds:
So in your opinion if there is no logbook as evidence (which there isnt because i threw it away when i left) would that mean they have no way of proving who was driving?
Even if they never ripped the daily log sheets out of the log book they should have records of who was driving a particular vehicle at a given time.
I may be mistaken but I believe according to some long ago signed parchment by the name of the Magna Carta that the onus is on the authorities to prove your guilt, not you to prove your innocence.
the maoster:
I may be mistaken but I believe according to some long ago signed parchment by the name of the Magna Carta that the onus is on the authorities to prove your guilt, not you to prove your innocence.
And in this great land the word of a police officer would be good enough to be classed as evidence. The OP would need to ‘prove innocence’ in front of a magistrate.
I would have a look on www.pepipoo.com. Some helpful advice there. If you have received a request for.information you must respond to that. Failure to do so could land you with 6 points and a large fine, plus heavy loading on your future car insurance.
the maoster:
I may be mistaken but I believe according to some long ago signed parchment by the name of the Magna Carta that the onus is on the authorities to prove your guilt, not you to prove your innocence.
And in this great land the word of a police officer would be good enough to be classed as evidence. The OP would need to ‘prove innocence’ in front of a magistrate.
the maoster:
I may be mistaken but I believe according to some long ago signed parchment by the name of the Magna Carta that the onus is on the authorities to prove your guilt, not you to prove your innocence.
And in this great land the word of a police officer would be good enough to be classed as evidence. The OP would need to ‘prove innocence’ in front of a magistrate.
I would have a look on pepipoo.com. Some helpful advice there. If you have received a request for.information you must respond to that. Failure to do so could land you with 6 points and a large fine, plus heavy loading on your future car insurance.
I little different id say if the police officer stopped the driver there and then to see who was driving, i cant remember exactly but i dont believe it was me,
Yes got a letter request for information responded by letter back via signed for delivery asking them to supply me with some kind of evidence to my involvment, will take a look at that site thanks.
Captain Caveman 76:
Isn’t “not wearing a seatbelt” a non endorsable offence? Iirc it’s just a fine which can be upped hugely if it goes to court, but no points.
I believe that’s right, maximum £100 and no points if dealt with by fixed penalty, maximum £500 fine if it goes to court.
Unless you left their employ more than 12 months ago the company has committed an offence in binning the record book. A reminder may well reveal the true culprit… if an offence was ever committed in the first place.
Chances are you were caught by a speed camera partnership van, if so then they will have video evidence of you driving the truck if it was you. And yes those vans don’t just catch speeders, they can catch you not wearing a seat belt or on the phone or any other number of offences, something I only found out after being on a speed awareness course. So I would suggest toy request to see what evidence they have, if it is that then your defence is down to the work and exemption and proving you were entitled to the not wear the belt due to the exemption. If it’s just a fine and non editable it may be the better option to accept the fine if it is proved you were driving on that day and time.
If the company points the finger at you, then you can ask them via the Police if need be, to back it up with proof but knowing plod, they won’t usually want the paperwork or time involved doing that and say to you argue your case in court if you want. With that in mind, if it’s less than a year ago, I would contact the company and let them know you dispute you were driving and would be willing to go to court and if they say they’ve thrown out log books etc. (to cover another driver who is still working for them) which would prove who was actually driving, then that’s an offence which could see them fined.
They may well suddenly ‘find’ the log books rather than risk a fine themselves.