At the risk of getting shot at I’ll put my tin hat on and stick my head above the parapet.
Let’s just make one point very clear, I have no personal knowledge of this incident nor do I do ‘mechanical matters’ at roadside checks. However, I did go and read the published copy of the VOSA Enforcement Sanctions Policy.
From the OP it appears that a vehicle was the subject of a roadside check and the ratchet mechanism on the trailer parking brake was found to be inoperative. This is contrary to C&U Regs 1986. This is as close to an ‘absolute offence’ as you can get in that the brake either ‘works’ at the time it is tested or it ‘doesn’t work.’ If the brake works then all is fine and dandy and the vehicle will be on its’ way. If the brake doesn’t work then we get the scenario described by the OP. The vehicle will be prohibited from further movement until the issue is resolved. Had it been a UK registered vehicle it is highly likely that the trailer would have been visiting a test station to make sure there are no other faults. Unfortunately the law does not permit VOSA to impose this course of action on a foreign registered vehicle.
Thinking about the driver for a moment. He was the ‘user’ of a defective vehicle and as such the law provides that a certain sanction should be applied. This has been the case since 1988 when the Road Traffic Act was placed on the Statute book by Parliament. This Act replaced a previous law, so in reality the situation hasn’t changed for many decades. The Act basically says that if there are defects with tyres, brakes or steering components, then the maximum fine upon summary conviction is £ 5000 and the driving licence will be endorsed with 3 points.
Note for employers who are partnerships, if the driver is employed by the partnership (not one of the partners) then they will be getting a fine and points in addition to the driver. If the employer is a Limited Company, they will be getting a fine, but no points. Although I’ve often thought that is the Company Secretary could get points on their licence for C&U offences, then all company vehicles (reps cars included) may get looked after a bit better.
Right, back to the driver. What has changed in April 2008 is that VOSA Examiners have been given the powers to issue Fixed Penalty Notices. Previously drivers and operators would have to be summonsed to attend court and for a number of reasons this didn’t always happen when it should have done. What we are now seeing is the law being applied as it was originally intended.
What are the options? The first one is that the driver pays the fine and surrenders his licence within the required time periods, effectively that is the end of the matter. If the fine is not paid or the licence not surrendered then further offences are committed. Pleading ‘not guilty’ would appear not to be an option. As I said earlier this is pretty much an ‘absolute offence’ in that when checked the brake didn’t function as required. Whilst I’m not a solicitor and cannot advise you what to do, this appears to be a case you would loose should you elect to take it to Court by pleading ‘not guilty.’ Everything that you have said regarding service intervals of the trailer, the fact that it stays permanently with the tractor and that the defect was easily fixed is ‘mitigation’ rather than a ‘defence.’
If you want to complain then the procedure is that you should contact the Area Manager, in this case try; GVTS, Stanbridge Road, Leighton Buzzard, Beds. LU7 4QG. Alternatively you can contact the Corporate Office at; VOSA, Croydon Street, Bristol BS5 0DA.
For those who felt that the Examiner was acting beyond his remit, the matter is pretty simple, an offence has been committed and dealt with according to the guidance issued.
Have a nice day all, I’m off to find the keys to the fallout shelter
I’ve been told various times that VOSA are here to help ! just give us a call and yes I can think of a few things to call them !