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Trailer brakeaway cable not attached... 3 points and £100 fine


Sciadopitys
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When is the world of tree work going to realise that they also opperate goods vehicles and need to follow the rules

 

Its not always all about trees

 

Middle of last year sat in a services eating a burger, traffic dar drives past and makes comment that he is pleased to see the breakaway cable properly attached

 

Buy a spare and keep it in the cab

 

This!

 

Your brakeaway cable was not attached, posing a much greater potential risk to anyone who dared leave their house that day.

 

Pay up, learn, move on.

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The copper had you bang to rights i'm afraid, any braked trailer must have the breakaway cable attached.

 

I'm not suggesting you try anything deceitful but i know a number of people that have insisted they've not received their impending prosecution etc for one reason or another: RM lost them, coppers sent it to a different address to that on their licence/ an old address etc.

 

they made a statutory declaration that that had no knowledge of the proceedings against them until A bailiffs arrived for the fine money or they renewed their licence & it came back with points, they said that although they were pulled they assumed that the poliece decided to drop the case as they heard nothing further. This wont be an option if the copper handed you the full ticket there and then with the fine & court details but often these days they don't but follow it up with a letter.

 

in all cases the stat dec' was granted and in all cases the police decided not to follow it up with a fresh prosecution even though in some cases there was ample evidence etc, like i said this only applies if you honestly don't receive any notice of impending prosecution. So pray the paperwork doesn't come through & don't chase it up until the bailiffs arrive

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You really need legal representation for court. I defended myself once and the court legal chap pointed out my original offence was void due to the copper jotting it down wrong but in my defence I incriminated my self.

 

Good legal buff would sort it bit only the wealthy can afford justice

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Bear in mind also that you'll pay again for this when you go to renew your insurance. I'm sure there's meant to be bit of leeway so that you're not penalised for having "only" three points, in my experience that's not the case and having any points means your insurance premium will increase.

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Bear in mind also that you'll pay again for this when you go to renew your insurance. I'm sure there's meant to be bit of leeway so that you're not penalised for having "only" three points, in my experience that's not the case and having any points means your insurance premium will increase.

 

Sometimes it depends what the points are for. Many insurance companies will 'let you off' 3 points for speeding but take a dimmer view of 3 points for running a red light, for example.

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It must seem harsh, and possibly a warning would have been more appropriate, but forgetting the breakaway cable really isn't acceptable.

 

In May 2007 at Bere Regis in Dorset a 37yo women was killed when a trailer became detached from a Landrover an mowed her down. The driver was charged with causing death by dangerous driving, although the case was later dropped on an evidenciary technicality.

 

So whilst three points and a £100 fine (or whatever the penalty is) may well be something you could do without, you could potentially be facing years in jail if you hadn't been pulled and something worse had happened.

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  • 2 weeks later...
I would take this to the magistrates court

 

am contacting a recent ex VOSA TE for the max offence for this

Found the answer - it comes under this as it is part of the braking system

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/344447/enforcement-sanctions-policy.pdf - page 21

BRAKING SYSTEM AND

COMPONENTS

IM 59 Defective £100 FP

The Road Vehicles (Construction

& Use) Regulations 1986,

Regulation 18 and Section 41A of

the Road Traffic Act 1988, SO-5-

3pts

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