Stephensons were instructed by 2 HGV drivers, prosecuted for offences under the Road Vehicles (Construction & Use) Regulations. Both drivers were alleged to have driven Car Transporters when their overall length exceeded 18.75m, the maximum permissible length for a drawbar combination vehicle.
The issue in the case was whether fold-over chocks/wheel stops attached to the front and rear of the vehicles ought to be included in the calculation of overall length. VOSA maintained that the fold-over chocks increased the carrying capacity of the vehicles and as such they were in contravention of the Construction & Use Regulations. The Defence maintained that the fold-over chocks constituted a Special Appliance/Apparatus which ought to be excluded from the calculation of length.
The first of the 2 cases proceeded to trial. The Defence called evidence from 2 expert witnesses. The first expert confirmed that in the absence of the fold-over chocks, the vehicle measured exactly 18.75m; and that the purpose of the fold-over chocks was to allow for cars to be safely secured to the Transporter. The second expert, who had been involved in the design and construction of Car Transporter HGVs for a number of years, confirmed that the fold-over chocks were designed and intended as a road-safety feature rather than a means of increasing carrying capacity.
Carl Johnson, a specialist road transport solicitor in Stephensons Regulatory team, defended both drivers. The first driver was found not guilty after trial. VOSA offered no evidence in the second case and as such that driver was also cleared.
- If you or one of your employees faces prosecution for an offence contrary to the Construction & Use Regulations, it is important to seek specialist advice and representation. To speak to one of our expert Road Transport lawyers, call 01616 966 229.