switchlogic:
As for the power to stop you out was all over the press when the law was changed. Not just transport press either. If they were overreaching their powers I would have expected to see lots of court cases challenging fines on the basis that they were stopped unlawfully
If they where overreaching thier powers ? Lets see just what they been doing and how the law has to play catch up with them…
As you say it was all over the press when they got the powers to stop, that was only about two years ago ? So how have they been using Battenburg cars dragging HGV’s into checkpoints since about, what, 2007 or something ? When they had no power to stop ? How can that happen ?
Now if you ask any sane person what is the purpose of the VOSA Battenburg cars they would tell you they are there to stop and check HGV’s ? The Laws pretty clear, the Road Traffic Act section 67 allows an officer to test a vehicle on the road. Section 68 deals with HGV’s, or “Goods Vehicles” as they are known. That allows an officer to require you to take the vehicle to a place where it can be suitably inspected. There is a proviso in there, and that is you need to be stationary on a road (i.e parked ) before he can send you for an inspection. And lets be clear, there is no way section 67 can apply to a HGV as not only can it not be tested on a road, but there is very clear provision in section 68 to deal with inspecting HGV’s.
But you don’t have to take my word for it, you can get it from the horses mouth. When asked what was the purpose of the Battenburg cars, VOSA replied…"
To stop vehicles for inspection under section 67 of the Road Traffic Act."
Source
But me and you both know, the reality is they where directing HGV’s to a suitable place for inspection as per Section 68.
A further look at their Modus Operandi is provided by our own ex VOSA bod here…
In England and Wales VOSA may stop (any) vehicle for the purposes of carrying out a Construction and Use check. The ‘stopping’ must be performed by an accredited officer. It is an offence not to stop. The other checks; overload (which is a glorified C&U check anyway), drivers hours, O-licence etc etc come on the back of the C&U check.
The proposal is that VOSA throughout the UK get the power to stop vehicles for reasons other than C&U checks as the primary reason. The power, if granted, is no greater than that the Police currently have. The proposed law change also tidies up the process whereby an accredited officer would be able to function throughout the country as opposed to the current situation where they have to be accredited in each individual county.
Source
Its quite clear to me that their intention is to get the HGV into a test area, give it a HGV inspection using the ruse of a S67 stop, when they really are performing a s68 inspection.
Even though they now have to power to stop you for various reasons, to inspect certain documentation etc…the law is still very clear. They can only require a Stationary goods vehicle to proceed for Inspection. Currently thats not happening.
