Dangerous Vehicles

Alleged Offence: using a vehicle in a dangerous condition
Your road traffic offence question: the driver side door on my van could not be opened from either the outside or the inside . however i had access to the passanger side door and the van side door and the rear doors so ample doors to choose from in the event of an accident.
surely this cant be deemed the same as a bald tyre of faulty brakes that also carry 3 point?
Im am unemployed at the moment and was wondering 1 if I have a case and 2 do you take on legal aid?

Percentage of visual transmission of light through the windscreen was less than required by regulation 32(10) of Road Vehicles
> (construction and use) Regulations 1986, namely 75%, in that it only allowed for the transmission of 33%.
> Contrary to column 4 of table ll of regulation 32 (10) of the Road Vehicles
(Construction and Use) Regulations 1986, section 42
> of the Road Traffic Act 1988 and Schedule 2 of the Road Traffic Offenders Act 1988.
> Have you been warned of potential disqualification, either for the offence or under the 'totting up' procedure: No
> How long you had held your licence at the time of the alleged offence.
I was issued a FPN (Endorsable Offence) which carry's a fine of £60 and 3 points under the offence 'Driver without proper view'
(1453) and therefore be very grateful if you could clarify whether this offence is actually endorsable based on the information supplied. Thank you and i look forward to hearing from you soon.

We are going to disney land paris and we have a family car of 7 but we have a family of 8. Can we put our 4 year-old on our lap going from U.K to disney land paris through Euro tunnel. Thank you

Alleged Offence: Sleeping.
Your road traffic offence question: Firstly, I haven't been convicted of anything!
I would like to know; I have a 5 door, x. I am also able to put the back seats down and put in some blankets and turn it into a bed. Which, in effect, turns my car into a two seater. Would it be legal to drive around with people in the back?

I was driving in excess of the speed limit by around 5mph (45 in a 40 zone) - On my way home from my girlfriends house at quarter to 11 at night.

I parked up and went into my house, began watching TV for 25 minutes.

After 25 minutes, I had a knock on the door. Three police officers were there, and they had traced me back to my house and checked my car over outside before knocking.

I had a tyre that was worn unevenly due to a defective suspension part on my car. It is booked into a local garage for tuesday next week, and has been for nearly 3 days now.

Despite this, they issued me a section 59 for the speeding (They could not say how fast i was driving, just that it 'looked fast'.) - They gave me a fixed penalty notice for the tyre, on the grounds that an officer had 'seen me using the vehicle'.

They have issued me a FPN, and I do not know where I stand. I noticed they've also made a mistake with my date of birth.

I would appreciate your advice! - Do I have any comeback RE: the fact I've already got my car booked in for a tyre to be fitted and that I wasn't driving at the time?

Alleged Offence: dangerous driving
Your road traffic offence question: I was driving a van with no mot to get to work. I was charged with dd as the vehicle was deemed to be in a dangerous condition. due to my personal circumstances the case went to crown court where where the judge ruled and police prosecution agreed that it was not my driving that was dangerous but the vehicles condition. I was given a one month ban, no points and told i did not need to re apply for my licence as I was not driving dangerously. However the address on my licence was out of date and so was sent to dvla for update. some months later I had not received my licence back so contacted dvla who advised i would need to sit an extended test for the return of my licence. I explained the case and was told that if the court sent written confirmation that judge ruled I did not need to sit a test or re apply they could return my licence. It is now weeks later and still no progress. I phone the court and get no help. My solicitor has told me to send the form from the court stating I do not have to reapply for my licence and the solicitors letter to the same ends to the dvla but the dvla have already told me they need something in writing from the court directly. Part of the reason the judge did not want to give me a ban of any sort is due to my mental health problems and the necessity for being able to drive for work. I was at the time on a low income so did not need to pay for solicitors fees. I have recently lost some of my working hours due to the recession affecting my bosses so am now on benefits and cannot afford to pay for an extended test if it is necessary. I will contact the solicitor who dealt with the case again but any advice would be welcome. this is a desperate situation for me as I also have to quit the property I have been living in as a lodger for the past 2yrs tomorrow as it is being sold! I was planning to sleep in my car if all else failed so cannot be unable to drive. many thanks

Can you tell me what the law says regarding tyres sticking out past the arches on all 4 wheels
cheers

Hi there, is there any way (with a good chance of success)in which I can appeal against a charge of having tinted front passenger windows on my car, I was pulled over at around 9a.m. on x by traffic police and explained to them that the tints were on the car when I bought it around 3 years ago and it has never been mentioned in any M.O.T's, I was stopped over a year ago by a traffic cop in x regarding the tints and when I told him that I had asked the dealer about the tints at the time of purchase and the dealer had advised me that they were legal as the car was an import and a 7 seater which was classed as a limousine, the police officer in x then let us on our way, I have been stopped regarding my registration plates since then and advised to change them as they were the square kind with smaller numbers on them, I did this straight away the next morning but the officers in question never mentioned the tinted windows. The officers who stopped me on Monday said that window tints are not part of the M.O.T. test and therefore I wouldn't have been failed or advised on this by the testing station as they do not all have the necessary testing equipment, surely this is what the whole advisory section in the M.O.T. test is for items that should be monitored or examined farther, they also said they couldn't comment on any other officers actions previously, they issued me with a £60 fine and 3 points on my license, took a note of my mileage and time and issued me with a prohibition notice which would come into effect 20 minutes after leaving them and not to drive any more than the approximate 10 miles home in the car until the tints were removed which they demonstrated to me, I asked if I could remove the tints there and then as I was unaware of the law and they said that I could do it when I got home as they were charging me with it, they also advised me that I could try and contact trading standards about the garage I bought the car off of but it was unlikely that much would come of it as I have owned the car for so long.
thanks.

unsecured load and no clear view
Your road traffic offence question: was stopped because officer said I had no clear view. he stated in his witness statement that my screen was misted and completely obscured appart from 20 inches directly ahead. I was turning left onto a main road, and he was on the corner. Not sure how I could have seen him if his statement is true.
2ndly he stated I was carrying a 9meter 14 rung ladder. That would mean I had a 30ft ladder on a ford fiesta! (my ladder is 4meters). The ladder was held on with 2 bungie straps. There was some sideways movement because of eleasticity of straps. But certainly no danger of the load being blown or falling from the car. My question: Can I ask the judge to reject case based on inacuracies?
Thankyou in advance for your help.

I currently have 6 points (SP50), from August x. Details of the past few days are as follows...

I pulled into a filling station in Wilmslow, Cheshire on x. I own an insured/taxed/mot'd Honda x.

As i was filling up a Traffic police car pulled in to fill up also. As i was paying the officer was having a look around the bike.

He pionted out the front tyre was illegal (low tread). Also he noticed fork oil from the front suspension was leaking quite badly, causing oil to run down the right hand side fork and onto the right hand side brake disk.

I have owned the bike for 3 months and in that time have had it serviced, and kept on top of needed repairs, expected on a bike of this age.

I have receipts for a new rear tyre,
a new brake caliper mount,
New exhaust Manifold ( as the old one perished making the bike very noisy! )
and fork seals. I noticed the fork was leaking a little, so had my local motorbike garage fit some new seals. I was unaware that this had not only not fixed the problem, but the newer oil, being thinner and in greater quantities, was running out to such an extent. Had i realised this i would have had the bike booked in immediately for further work on the forks. I knew the front tyre was low, and was on my list for this month. I did not realise it was illegal as it does have tread on one side, but i stand corrected. I do not contest that the front tyre is illegal.

I would normally expect in this situation for the policeman to piont out my error, and issue me with a VDRS, 14 days to fix notice. and possibly 3 pionts for the tyre. The bike rides fine, otherwise i would have noticed a lack of front braking and been made aware of the extent of the leak myself. Motorbikes are fitted with twin calipers at the front, so i still have full use of the other brake, and rear brake ( all brakes have recently been serviced/bled, with new pads fitted to the rear.)

In extreme circumstances, where the bike is deemed dangerous, i would accept that an officer would wish to have the bike removed from the public road. The officer in question did indeed deem this to be the case, despite not being a trained mechanic, nor am i. I accepted that the bike needs more urgent attention than previously thought, and offered to have the bike picked up by my pre mentioned motorbike repair garage, so repairs could be carried out asap.
I have been told ( possibly incorrectly ) that an officer must issue a warning that if the bike is ridden again before repairs are carried out, they will seize the bike. If this had happened i would have agreed, and had the bike picked up by the motorbike garage. No warning was given.

The officer ignored my suggestion, stating the bike must be seized immediatly and recovered by the police appionted recovery yard.. In March i had a car accident, and the police offered at the scene to recover my car, using x. I was unaware at the time of the Government set fee for police authourised recovery. In the case of my car £250 + storage and VAT. the total bill being over £300.

I realised if my bike entered that same yard i would incur such ridiculous costs again, and explained this to the officer. But to no avail as he insisted the motorbike be seized for inspection. I had to accept and walk home.

I attended the inspection, along with my motorbike garage owner, which went exactly as i would have expected. The front tyre is illegal as there is a patch of unmeasurable tread, and the forks are leaking oil onto front right hand side brake. I do not question these pionts. The inspector agreed and i hope included in his report that the bike has obvious signs of upkeep, with receipts to prove attempts to maintain. He also agreed and i hope included in his report that the fork leak shows no signs of being there for any length of time, and could have happened whilst riding, slowly over time, giving no real sign of damage. For all i know this new (larger) leak could have happened on the ride before pulling in to fill up.

After being parked up for the weekend after being seized the oil had leaked to a piont where it had formed a small puddle. The inspector agreed this wouldn't have previosly happened as i use the bike daily. The officer is convinced (despite having no more mechanical training than me) that this leak had been ignored for weeks. This is not the case, as the (qualified) inspector agreed.

As with the tyre, i accept daily checks are supposed to make the owner aware of such issues, and i failed to check daily. My bad. But i did not deliberatly ride a bike with no front braking, as a). i was not aware of the problem growing, and b). the bike still brakes perfectly well. I would happily test that the bike will stop within the 73 metres at 60 mph. I know this as i had to stop quicky that week when a car pulled out from a side road infront of me.

After the inspection i assumed the bike would be released at a cost of £150, and ordered to not be ridden until fixed. This was not the case as the officer has ordered the bike to not be released. I didn't understand why, so telephoned the station on Thurs night (3rd). I was told the bike will be kept until after a court summons, incase i contest. I was unaware this would even go to court, let alone aware of the possibility of not being able to fix, and ride my bike again for 2-3 months while i wait for a summons.

I was not warned before the bike was seized. I have had a "warning" before for other things years ago, and none was given prior to the bike being seized.

The officer refused to accept i was unaware of the extent of the leak, despite this being the case.

The officer is convinced i fail to keep up maintenance of the bike despite the receipts and great condition of the rest of this old bike.

The officer lied on the stop form, ticking the box "RTA". Road Traffic Accident would give him unquestioned power to seize the bike, for inspection as to whether it's condition was in any way to blame for the accident. There was no accident, this was a routine traffic stop - in fact i wasn't even riding/stopped, i was filling up with fuel. He should have ticked "other". I believe he ticked "RTA" to ensure power to seize the bike. Again - without warning.

I offered to have the bike picked up by my garage, he ignored this. A perfectly reasonable offer i believe once i was made aware of the leak.

3 pionts could have been issued at the scene. Why the need for months of waiting, magistrates etc. I am not some antisocial thug ragging around estates. I am a 28 (nearly!) year old man, who has limited funds but attempts to keep the bike in very good condition, but who has failed to replace 1 tyre in time, and who's bike has suffered a fork seal leak.

I give up with trying to accept, as i feel the course of events, and the pending course of events vastly outwiegh the offence. I have no issue with 3 pionts for the trye if that has to be, and an order to fix the forks.

But any number of pionts, plus the possibilty they could tot up to a ban, plus £150 release fee, plus 3 months without my bike, plus no caution, plus a lie on the stop form... It's just ridiculous.

Thanks for your time reading this essay! I hope you can help, and look forward to hearing from you soon.

I was pulled over the police on 17/05/10, they went around the car and the officer asked me to turn the wheel to the left and then went on to shake the car by trying to rock it side to side and up and down. His conclusion- suspension is too stiff and in a dangerous condition. I drive a 97 VW POLO, and I have changed the suspension to coilover adjustable suspension. He then presented me with a Fixed Penalty Notice, £60 fine and 3 points. I would like to challenge this as I believe my suspension is not dangerous, it was fitted by a reputable car shop, and is fully TUV approved. Do I have a case? Has anything like this happen before?

I was stopped earlier today by a policeofficer. i was told my brake lights where not working which i replied i was unaware. having checked them a few weeks ago and they where working fine. He gave me a fine of £30. which i was very surprised about. I thought if you where stopped like this you were told to get them fixed. You cant check your brake lights every time you get in your car. do i have a case against this. Many thanks

Hello there, I've been summoned to court following a ticket I received a few months back regarding 2 failed brake lights- The punishment is 3points & £60 fine (but I have decided to take this to court). I believe points on my licence is too harsh- the car was being borrowed & all the lights were checked at the begining of the journey- the fault must have occured whilst driving.

Question is: Will this defense stand up in court?

Your reply is very much appreciated.