PG9 Appeal Advice Needed

Last week I had one of my Transits pulled by VOSA and got a 7 day delayed prohibition for a worn centre bearing on the prop shaft. It has been pulled on 3 previous occasions within the last 18 months and always had a clean bill of health each time and was allowed to continue. I’ve had the bearing replaced and will be going to get the prohibition removed later today. However, as a prop shaft centre bearing isn’t classed as an MOT failure on a class 7 I have been advised that I should appeal against the PG9 as I may have gone from a green light to red on OCRS. Obviously there is no O-licence on this particular vehicle as it’s only 3,500 kgs gross but as I also operate several rigids and an artic I’d rather not have to put up with any potential closer scrutiny in the future as a result of this little mishap. Should I just swallow it, get the prohibition lifted and carry on or should I appeal as in the eyes of an MOT tester the vehicle is fully road legal? The old girl went straight through a test yesterday with no advisories so my maintenance can’t be that bad.

On what basis are they linking this vehicle to your o-licence?

Potential rock and a hard place if you do as they don’t like it up em when people point out they’re in the wrong.

If it’s something thats got to be fixed anyway then is there any point rocking the boat? Might just be easier to let this one slide and opt for the easy life. If you do end up on a red light then as long as everything else is ok it’ll soon be back to green.

Assuming your Transit is under 3.5 tonne and not pulling a trailer then I assume it is not specified on your o licence therefore the pg9 will not be linked to your licence or ocrs score.
If you do specify it on your o licence then it will go against your ocrs score, but may not make you go to red depending on how good your score was beforehand.
You can’t appeal a pg9, but you can make a complaint against the person issuing it if you feel it wasn’t issued correctly. Don’t be afraid to speak up, as I have done before in the past, although it does sound like there was a defect on the van. Don’t forget that the roadside enforcement don’t just give you pg9’s for mot items but other things that fall within c&c regs.

coiler:
Assuming your Transit is under 3.5 tonne and not pulling a trailer then I assume it is not specified on your o licence therefore the pg9 will not be linked to your licence or ocrs score.
If you do specify it on your o licence then it will go against your ocrs score, but may not make you go to red depending on how good your score was beforehand.
You can’t appeal a pg9, but you can make a complaint against the person issuing it if you feel it wasn’t issued correctly. Don’t be afraid to speak up, as I have done before in the past, although it does sound like there was a defect on the van. Don’t forget that the roadside enforcement don’t just give you pg9’s for mot items but other things that fall within c&c regs.

yes you can :wink:

but, it appears in this case, the fault was there, and, as such, it would be a pointless exercise

another way of thinking is, if you appeal it, and are found to be correct, and the PG9 is removed from your record, all that will do is ■■■■ off the DVSA operative who issued it in the first place, and may then, in turn, decide to ‘teach you a lesson’ by pulling all of your other vehicles

my advice is to ■■■■ it up, seeing as you have basically admitted that the centre bearing was worn anyway

you will not go straight from green to red by getting a delayed PG9

just because the same van has had a clean bill of health on the other times it was pulled, is irrelevant

Dude, if you’re getting pulled that much, you have a rather pressing issue to attend to. Ring them or write to them asking them what the score is, that sort of treatment is only reserved for very, very naughty boys.

It’s been sorted, no drama.

Silver_Surfer:
Dude, if you’re getting pulled that much, you have a rather pressing issue to attend to. Ring them or write to them asking them what the score is, that sort of treatment is only reserved for very, very naughty boys.

TBF I doubt there’s anything sinister behind it, they just love a beaver tail recovery truck don’t they? Can’t really blame them as a lot of people take the ■■■■ and overload them. It’s good in a way as it may get some of these uninsured fools off of the road and give the more reputable operators more of a level playing field. The authorities aren’t dumb, they know the score, most of the time it’s Boris and Abdullah’s smiley face Transit and home made towing dolly that they’re on the look out for but it’s understandable that everybody should receive similar treatment and get a tug from time to time.

I think it probably is the case they’re not picking on you if it’s beavertail Transits.

It seems wrong to give in to what seems stereotyping by the enforcement authorities but it might be worth considering upgrading to newer vehicles and more corporate style branding if it means less pulls and more time to crack on making money.

shuttlespanker:

coiler:
Assuming your Transit is under 3.5 tonne and not pulling a trailer then I assume it is not specified on your o licence therefore the pg9 will not be linked to your licence or ocrs score.
If you do specify it on your o licence then it will go against your ocrs score, but may not make you go to red depending on how good your score was beforehand.
You can’t appeal a pg9, but you can make a complaint against the person issuing it if you feel it wasn’t issued correctly. Don’t be afraid to speak up, as I have done before in the past, although it does sound like there was a defect on the van. Don’t forget that the roadside enforcement don’t just give you pg9’s for mot items but other things that fall within c&c regs.

yes you can :wink:

but, it appears in this case, the fault was there, and, as such, it would be a pointless exercise

another way of thinking is, if you appeal it, and are found to be correct, and the PG9 is removed from your record, all that will do is ■■■■ off the DVSA operative who issued it in the first place, and may then, in turn, decide to ‘teach you a lesson’ by pulling all of your other vehicles

my advice is to ■■■■ it up, seeing as you have basically admitted that the centre bearing was worn anyway

you will not go straight from green to red by getting a delayed PG9

just because the same van has had a clean bill of health on the other times it was pulled, is irrelevant

gov.uk/government/uploads/s … efects.pdf

Please see above link to categorisation of defects publication, introduction, para 29 on p8 - there is no statutory appeal in law to a pg9.

Above link is to the new September 2014 version, which includes the changes to what happens when they find a fuel leak.

just saying what i have been told by the chief examiner at Leicester test centre, i was given a delayed PG9 for the cab levelling valve doing it’s job, he told me that i could appeal against it if i wished

but, the thing is, the first point of appeal is the person who issued the PG9 in the first place :smiling_imp:

You can make a complaint against a pg9 and if successful they will remove the points from your ocrs score, but the pg9 still stands.