Help /advice needed on geting a pull by Vosa

The reason many drivers seem to get away scot free is because we are not geared up to prosecuting them. I have worked for several “foreign operators” and the drivers have told me of being asked for “on the spot fines” or more than likely just left alone because the PC is too scared to stop a foreign truck.

However fines are levied and can sometimes be heavy.

A Hungarian HGV driver caught driving while more than two times over the legal drink-drive limit has been given a 22-month driving ban.

On New Year’s Eve, police stopped lorry driver Antal Besenyi’s Daf at Fordham Road, Newmarket. Besenyi failed a breath test with a reading of 85 micrograms of alcohol in 100 millilitres of breath. The legal limit is 35 micrograms.

At Ipswich Magistrates’ Court on 1 January, Besenyi admitted the charge and was given a 22-month UK driving ban. He was also fined £300 with the alternative of 14 days in prison if he failed to pay, and ordered to pay a £15 victim surcharge.


A Lithuanian HGV driver has received a driving ban and a jail sentence for assaulting a Vosa traffic examiner. Vosa has welcomed the decision by Holyhead Magistrates’ Court on 9 December to sentence the driver, who assaulted a traffic examiner at a Vosa check site on the A55, near Holyhead Port in North Wales.

The Lithuanian driver pleaded guilty to assault. He was given a one-month prison sentence for assault and another one-month sentence for fraud, which he will serve concurrently. He also received a 12-month UK driving ban.

According to Vosa, the incident happened on 4 December when the traffic examiner climbed into the cab and noticed tachograph equipment had been tampered with. He also saw the speed limiter was not working.

Vosa adds that at this point the driver became aggressive and eventually the police were called; however, the traffic examiner was not seriously injured. Alex Fiddes, Vosa’s chief operating officer, says: “Vosa will not hesitate to use the full weight of the law to deal with people who are unco-operative and assault our staff.”


From the Magistrates Association,

Deposit Scheme

The Deposit Scheme is a sensible answer to the problem of dealing with offending foreign drivers. The deposit ranges from £300 to £900 (or the actual fixed penalty) which seems reasonable. It does get over the problem of a foreign driver caught on a Saturday night who might have a perishable load, when to hold him until Monday morning would not be a proportionate response.

In the schedule of prescribed charges on page 69 there is a proposed charge of £15 for vehicle storage - for each period of 24 hours or part thereof. As the owner of the vehicle is unlikely to be able to remove the vehicle in the same instant that it is put into storage, and as there is a charge of £160 for the removal of the vehicle, it seems more equitable to apply the storage charge “for each period of 24 hours or part thereof, after the first 24 hours”.

yes wheel nut but both those were brought about by teh police (i guess) as vosa do not have the ability to do anyone for drink driving or assault. do they get done for hours violations or just paerked up and left for a while. maybe if someone had a wad of cash to waste they could take vosa to the european court and let them know it is discrimination. why should the foreigners just get parked up and not fined where we get parked up and then fined? it is like we are being done twice for the same offence but the foreigners arent. surely we should be just parked up like our european counterparts!

Apologies to clarkie - I thought you had finished with your query which is why I went ‘off topic’ into the foreign driver discussion :blush: :blush: :blush:

forgot to mentin it is analogue charts i use.I started shift at 12:00pm on the 15th and surely my 24 hour period is til 12:00pm on the 16th.

Giblsa:
yes wheel nut but both those were brought about by teh police (i guess) as vosa do not have the ability to do anyone for drink driving or assault. do they get done for hours violations or just paerked up and left for a while. maybe if someone had a wad of cash to waste they could take vosa to the european court and let them know it is discrimination. why should the foreigners just get parked up and not fined where we get parked up and then fined? it is like we are being twice for the same crime but teh foreigners arent. surely we should be just parked up like our european counterparts!

Any serious drink driving charge or assault will still be dealt with by the police, VOSA dont and still wont have the power of arrest. If you are nicked by VOSA, they will have the same power to offer a fixed penalty notice, as the bullied council official or traffic warden they will have no more power. Of course you can refuse the fixed penalty or on the spot fine and take your chance in court, providing you have a UK address and driving licence

It is the terminology that i believe is the problem. Vosa nicked me for this. Vosa fined me a Grand, Vosa have crushed my truck. etc.

VOSA are only a weapon against bent operators and drivers, and it is them who provide the evidence and support for the courts and Police.

Look at this and ignore the sensationalist header, then read the piece below about the Crown Court imposing the fines.

VOSA fines Bradford limousine operator £14,200 for operating offences
21st August 2007

A Bradford-based limousine operator has been fined £14,200 including costs after a series of extremely serious irregularities were discovered. Mohammed Saleem Nawaz, who trades as Oasis Limousines Ltd, received the £10,200 fine plus £4,000 costs for a range of offences including driving without insurance, fraudulent use of registration plates, fraudulent use of Vehicle Excise Duty and not having a PSV operator licence or a Certificate of Initial Fitness (COIF). Mr Nawaz also had 31 points endorsed on his driving licence at Leeds Crown Court earlier this month.

The defendant originally claimed he had attempted to obtain an O-licence but this was disproved and he then stated his intention to make an application in due course. He was instructed to repay the debt at a minimum rate of £500 per month, and warned that failure to do so would almost certainly lead to a prison sentence.

It was only after an exceptional hardship case was fought that Mr Nawaz escaped disqualification. He is also due to face proceedings for further offences, again relating to a failure to obtain the correct PSV licences and O-licences and associated offences.

VOSA’s Head of Traffic Enforcement Policy Neil Barlow said: “Although we are more than aware that the majority of limousine operators conduct their business in a safe fashion, VOSA will continue to crackdown on the reckless minority who put the public at risk in this way. The fines imposed show just how seriously we take this issue, and this was an exceptionally good piece of work from our team in Leeds.”

“VOSA is continuing to work with the Police, Department for Transport and industry groups to ensure safe operation of this type of vehicle. We advise members of the public to check at least the following points prior to making a booking. Does the driver hold a PCV driving licence and has he been screened by the Criminal Records Bureau? Does the vehicle contain basic safety items (first aid kit, fire extinguisher)? Do the forward-facing seats have seatbelts? Anyone in doubt should call VOSA’s hotline on 0870 60 60 440.”

I chose this piece so that you dont think VOSA only target truckers :stuck_out_tongue:

clarkie:
forgot to mentin it is analogue charts i use.I started shift at 12:00pm on the 15th and surely my 24 hour period is til 12:00pm on the 16th.

Lets do your 24 hour period starting at 12 noon

1200 to 1245 drive
1245 to 1430 BREAK - not rest
1430 to 1450 drive
1450 to 1530 BREAK - not rest
1530 to 1800 drive + other work
1800 to 2032 - not sure on this bit - drive?
2032 to 0440 REST - but only 8 hours + 8 mins (52 mins short of a minimum 9 hour DAILY REST)
0440 to 0600 drive
0600 to 0710 BREAK - not rest
0710 to 0800 drive
0800 to 1000 - BREAK - not rest
1000 to 1200 - drive

Is that about right :question:

clarkie:
forgot to mentin it is analogue charts i use.I started shift at 12:00pm on the 15th and surely my 24 hour period is til 12:00pm on the 16th.

As said the minimum 9 hour daily rest period has to be in one block in other words it has to be 9 consecutive hours of daily rest.

You finished work at 20:32 and started again at 04:40, that’s 8 hours and 8 minutes daily rest so as ROG has said you were in fact 52 minutes short of the 9 hours of daily rest.

None of the other rest periods you had will count towards the daily rest period because the 9 hours has to be 9 consecutive hours of rest.

From the figures you’ve given it looks like the VOSA examiner may have got his maths wrong but that won’t make any difference to the outcome I’m afraid.

Wheel Nut:

VOSA fines Bradford limousine operator £14,200 for operating offences
21st August 2007

A Bradford-based limousine operator has been fined £14,200 including costs after a series of extremely serious irregularities were discovered. Mohammed Saleem Nawaz, who trades as Oasis Limousines Ltd, received the £10,200 fine plus £4,000 costs for a range of offences including driving without insurance, fraudulent use of registration plates, fraudulent use of Vehicle Excise Duty and not having a PSV operator licence or a Certificate of Initial Fitness (COIF). Mr Nawaz also had 31 points endorsed on his driving licence at Leeds Crown Court earlier this month.

The defendant originally claimed he had attempted to obtain an O-licence but this was disproved and he then stated his intention to make an application in due course. He was instructed to repay the debt at a minimum rate of £500 per month, and warned that failure to do so would almost certainly lead to a prison sentence.

It was only after an exceptional hardship case was fought that Mr Nawaz escaped disqualification. He is also due to face proceedings for further offences, again relating to a failure to obtain the correct PSV licences and O-licences and associated offences.

VOSA’s Head of Traffic Enforcement Policy Neil Barlow said: “Although we are more than aware that the majority of limousine operators conduct their business in a safe fashion, VOSA will continue to crackdown on the reckless minority who put the public at risk in this way. The fines imposed show just how seriously we take this issue, and this was an exceptionally good piece of work from our team in Leeds.”

“VOSA is continuing to work with the Police, Department for Transport and industry groups to ensure safe operation of this type of vehicle. We advise members of the public to check at least the following points prior to making a booking. Does the driver hold a PCV driving licence and has he been screened by the Criminal Records Bureau? Does the vehicle contain basic safety items (first aid kit, fire extinguisher)? Do the forward-facing seats have seatbelts? Anyone in doubt should call VOSA’s hotline on 0870 60 60 440.”

I chose this piece so that you dont think VOSA only target truckers :stuck_out_tongue:

i saw a programme on one of the lesser sky channels the other week (cant remember which one) and they had the ANPR out and in the check point were vosa going over, mainly, boy racer cars and the like for infringements and they got someone for thier tinted windows. he wasnt allowed to move until teh tint had been removed from teh drivers and passenger windows as it was “too dark”. the lad was arguing like mad that it had an MOT so what was the problem. i guess we might see a few more doing the cars as well as us so they can make some money in fines off these folk.

vosa are responsible for all motor vehicles cars, bike, trucks, buses

clarkie:
forgot to mentin it is analogue charts i use.I started shift at 12:00pm on the 15th and surely my 24 hour period is til 12:00pm on the 16th.

All that means is by 12:00 on the 16th you must have completed a daily rest period, 9 continuous hours if available or 11 if you have used all your 9’s. As you started at 12:00 you could have worked until 03:00 and then started a daily rest period.

Incidentally, on completion of a daily rest period you begin counting a new 24-hour period so if you had resumed work at 05:32 that is when your 24-hour period ended, despite not being the full 24 hours, and a new one began.

You may be getting off lighter than you think. Because you didn’t have enough daily rest, everything you did on the 15th and 16th could be lumped together which could mean another offence of exceeding 10 hours driving. Doesn’t look like he has gone down that road so fingers crossed they don’t come back at you with that after the charts have been analysed.

I have still not heard anything from vosa how long will it be as someone mention the other day too me that after 14days they cannot do you(Notice of Prosecution) but i said sure it is 6 months. Does anyone know the rules on this. I have now got rid of the previus inspection guys as they cannot ensure that my vehicle is safe all the time, they quick to charge me though.

I believe a prosecution has to take place, or you have to be informed of an intended prosecution within 6 months but I’ve no idea how long you would normally have to wait before hearing from them.