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West Yorkshire Police advise that, if a driver was stopped whilst driving an RV weighing over 7500 kg, they could issue a £60 fine, put three points on the driver licence and impound the vehicle.
Hi Russell,
'Advise and could' .. yes , what else can 'they' advise when they themselves don't understand the regulations. The police don't issue on the spot fines or impound, that is the function of the court if the prosecution is successful, we are not a Police State... yet.
To date no one has been successfully prosecuted, the only known case was dropped due to 'lack of evidence' another way of saying they could not find the regulation to prosecute.
Jim, it is obvious that no matter what anybody takes the time to find out and post on here, that you will pick holes in it, and usually, purely on the wording, now maybe this is purely for your own enjoyment, i dont know and to be honest , it's starting to get boring.
You keep quoting this 5 year old case that the the cps "dropped", the facts are that that was 5 years ago, this is today. you want to think yourself lucky that that case never had a conclusion, because that would have then set a precedent for all further prosecutions.
As for your statement about not living in a police state, have you been in a coma for the last few years, the police issue FPNs at the roadside, they have the power to impound a vehicle that is being used to commit a crime.
"on the spot fines" is a generalization, so why be pedantic about its use ?
You seem so sure that you are in the right, that maybe you should take up somebody's suggestion about a test case, so how about this, take your overweight RV down a busy motorway at 70mph in the outside lane, and stay there until stopped by the police, we can then use the outcome of your case to advise others, I'm confident that many on here (including myself) will chip in and pay any fine, but dont forget it goes deeper than a fine, you've got the points on your licence and increased insurance premiums, but they will be your responsibility. but hey, we were only trying to ensure nobody fell foul of the law, not to prove anybody wrong all the time, which unfortunately seems to be your intentions.
______________________________________________________________ If its fun and you enjoy it, eventually they will ban it !
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It would be a lot easier for we common folk if the law was based on common sense.
Although I tend to agree with you common sense doesn't enter into it - I won't tell you the number of occassions I've heard a defendant say "but that doesn't make sense" - they've still been found guilty according to the law.
Quote:
and a disclaimer that:
"The information I have given is not intended as a statement of the law. I am afraid that DVLA cannot give legal advice and that interpretation of the law is a matter for the courts."
That's a standard disclaimer, mainly due to the unscrupulous few who always claim "But I was told by so and so that....." when prosecuted for an offence which they, in all probability, had already been warned about.
Quote:
I am having trouble tracking down the legal status of grandfather rights. Was the pre-97 situation on vehicle classes and licence (and the relationship or not in law then between motorhomes and goods vehicles) mapped explicitly, in law, to the post-97 licence/ vehicle weight situation, which does, in that SI, seem admirably clear?
The SI is actually the Driver Licensing Regs in full - have a lookat -
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The Motor Vehicles (Driving Licences) Regulations 1996 - PART VII – SUPPLEMENTARY Effect of change in classification of vehicles for licensing purposes
70.—(1) In a licence (whether full or provisional) granted before 1st January 1997, a reference to motor vehicles in an old category shall be construed as a reference to motor vehicles in the new category……………
Does this help clear things up.
I said I'd have a look at the regs to see if I could find anything re the correlation between the old licensing categories and the new - I've attached a document laying them out side by side - pre 1997 on the left.
I haven't yet found a definition for a motor home or motor caravan, my excuse being I was out of the office most of the day - I'll have another look when I have a bit of time.
Keith S
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I haven't yet found a definition for a motor home or motor caravan, my excuse being I was out of the office most of the day - I'll have another look when I have a bit of time.
Keith S
Hiya, Keith
You're doing absolutely stirling work here. What a bonus to have someone like you with THE BIG BOOKS to hand, and who knows his way around them.
Still reading ...
Gerald
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I haven't yet found a definition for a motor home or motor caravan
Found a reference to work to:
Road Vehicles (Construction & Use) Regulations 1986
Reg (2)In these Regulations, unless the context otherwise requires, the expressions specified in column 1 of the Table have the meaning, or are to be interpreted in accordance with the provisions, specified for them in column 2 of theTable.
Column 1 (Expression)
motor caravan
Column 2 (Meaning)
a motor vehicle which is constructed or adapted for the carriage of passengers and their effects and which contains as permanently installed equipment, the facilitieswhich are reasonably necessary for enabling the vehicle to provide mobile living accommodation for its users.
This in turn leads to the meaning of "motor vehicle" for which Column 2 shows:
a mechanically propelled vehicle intended or adapted for use on roads.
I'd suggest this is now put to bed, I need to get at least part of my life back - unless of course you guys have other ideas.
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