Vehicle tests

Trebor16

Section 67 of the Road Traffic Act 1988 gives the power to carry out a roadside vehicle test.

Section 67(6) is the part that allows a driver to elect to have a test deferred but there are two exceptions which prevent a driver from electing for a deferred test.

67(7) where the vehicle has been involved in an accident and a test needs to be carried out forthwith.

67(8) where a constable is of the opinion that the vehicle so defective that the vehicle should not be able to proceed without a test being carried out.

So to elect for the deferred test, state that section 67(6) allows for this (notwithstanding the two exceptions of course).

Trebor16

ariba10 wrote: »

"Hello, Hello, Hello. I suspect you have been drinking."

"and what makes you think that officer?"

vax2002

Its like a huge sheep dip, in you go, breath test, fuel dip if its diesel, vehicle inspection.
As the Vosa are not Constables of anything they can not refuse a deferred test.
It became obvious that nobody was getting out without a fine of some description, so I availed myself of some free legal advice from my insurance who informed me of my right to deferred test.
police came rumbling down from the breath test area, all shouty, threatening arrest for obstructing an officer, to which the reply was, arrest me then, or let me have the deferred test, on his radio, more shouty about wasting time, more radio, obviously the reply on the law.
Vosa guy chips in with he can refuse, reminded he is not a constable of anything but a government employee with a very limited warrant card, more radio, police say, apparently thats true and got a deferred test producer given.
So, enforce your rights and stuff the FPN.
As said, nobody was getting out, they can find on opinions.

TrickyWicky

ariba10 wrote: »

You try and beat a Policeman on a point of law,

I have, it's bloody hard work when tugged for driving with no insurance and you're in the back of their car with the child locks on to stop you escaping but yes, it can be done. When they're determined to nab you for anything and have already decided you're guilty their sense of logic goes out of the window and you have to point out everything to them. You have to know exactly what you're doing and saying though because any slight loss of confidence and they see you as automatically guilty and you've lost the fight. It's best to be overly honest about everything. Everything they ask you, tell them in excruciating detail every last thing you can think of, why you made those decisions, why you thought that was the wise choice, the consequences of other choices etc etc. I did this and by the time I was done plod ordered me out of his car. I'd done nothing wrong and I DID have insurance but he was unable to verify it as the MID and insurers were closed at that hour. Rather than put up with a brain implosion he chose to get rid of me.

feduptobackteeth wrote: »

and you had better look to changing your car for one with a different registration number.

I used to have plod live next door to me. We didn't get on and my other neighbour who was friendly with his wife was getting tugged every other week.

We'd just got new car and it had those 3D plates on it. I asked him if they were legal to which he started rambling a load of legal sections, schedules and other stuff at me followed by "I wouldn't tug you but some of my colleages would" - I translated that as "I won't but I'll make sure my mates will". The car also had a speedo problem which I stupidly mentioned to him. The next day I went to Halfords and got the number plates changed before going to work in the neighbouring town. I found myself being followed by a fuzz on an A road by a cop car. I've no idea where he came from but my neighbour knew where I worked and suddenly this bloke was behind me. The speedo was stuck and only moved if you kept tapping it. I knew I was done for if he tugged me. I realised I needed to get out of his way so he had no 'reasonable cause' and there was a farm shop a few yards up the road so I indicated a turn, slowed down and quite literally went into the farm shops car park. As soon as I was there I just stopped and looked in the rear view mirror. Instead of carrying on up the road, plod had just stopped and watched me whilst holding up the traffic. After a couple of seconds he pulled away. It was a young plod too so clearly a power hungry friend of my neighbour. Next day my rear number plate fell off outside the house :rotfl: :eek: I look back and laugh now but it wasn't nice at the time and I really gave halfords a roasting for the fitting of that thing number plate.

Despite that, I've had no new attempts and the now ex neighbour is fully aware of my registration number. Heck, the last few times I spoke to him I'd find the fuzz at the top of the road the next day with ANPR, police bikes etc etc both sides of our junction to our housing estate. Real NASTY stuff going on there. Everytime i pulled out of the estate I had them all watching me. It wasn't nice but I lived with it. I'd done nothing wrong except get on the wrong side of one of my neighbours non-police pals and that was enough to warrant trying to pull me (one of our cars was sorn you see and he thought he'd catch me doing something dodgy). The lying plod even gave me wrongful advice once about insurance - I'd already done my research but wanted to see what his response would be just to be sure he was dirty and he fell for it (thinking he was setting me up). It wasn't nice but it got to the point where everytime I spoke to the bloke I'd mention something about moving the other car and without fail, the police would be there at the top of the road either side of our junction the next day, all day. After this happened around 15 times they realised they were being played and it all stopped. They know my registration numbers and I've no intention of changing them. By now they've either realised I'm a lot smarter than they thought or they've given up.

The_Turner

vax2002 wrote: »

Its like a huge sheep dip, in you go, breath test, fuel dip if its diesel, vehicle inspection.
As the Vosa are not Constables of anything they can not refuse a deferred test.
It became obvious that nobody was getting out without a fine of some description, so I availed myself of some free legal advice from my insurance who informed me of my right to deferred test.
police came rumbling down from the breath test area, all shouty, threatening arrest for obstructing an officer, to which the reply was, arrest me then, or let me have the deferred test, on his radio, more shouty about wasting time, more radio, obviously the reply on the law.
Vosa guy chips in with he can refuse, reminded he is not a constable of anything but a government employee with a very limited warrant card, more radio, police say, apparently thats true and got a deferred test producer given.
So, enforce your rights and stuff the FPN.
As said, nobody was getting out, they can find on opinions.

So, after all this what did they find wrong with your car?

robredz

Sirdan wrote: »

Not really paranoia , just a distinct mistrust of the police ..an ongoing situation which a minority in the police by their (mis) behaviour have inflicted on the majority.

However the idea that the police have the time or resources to single out a particular vehicle for a vendetta is pretty far fetched.
The complete absence of traffic patrols (except maybe on motorways) has significantly contributed to a sharp fall in driving standards IMO.

Unless they have somehow flagged it on ANPR to ensure "special treatment" but on the whole driving standards have fallen due to less proper traffic officers, who unlike the VOSA droids, had discretion and a "get it fixed sir, or next time I will report you" has a better effect than a FPN from VOSA. The motor tends to be fixed PDQ after a few words from a traffic cop, and that is better all round.