Towing company trailer offence

gafferwoody

Hi
Need some advice as last week was pulled over for a trailer check whilst out doing my job.
The trailer was found to have faulty brakes and i have now been issued with £100 fine and 3 points.
I feel this is unfair as how on earth do I know if my trailer has faulty brakes surely this is my company/ employers responsibility. (after all im no mechanic).
My company ask me for a weekly check of the lights and tyres to be carried out nothing about my brakes.(Also nothing on DVLA tow a trailer advice)
Should I contest the fixed penalty??

How can my company get away with this and now the trailer is being fully overhauled but its after the event.

Not a happy bunny any advice would be most welcome.

sevenhills

gafferwoody wrote: »

Need some advice as last week was pulled over for a trailer check whilst out doing my job.
The trailer was found to have faulty brakes and i have now been issued with £100 fine and 3 points. I feel this is unfair as how on earth do I know if my trailer has faulty brakes surely this is my company/ employers responsibility. (after all im no mechanic).

Was it your car and your business insurance?

Was it a large trailer, if it had brakes?


Operator licensing regulations could affect some fleets depending on whether they are on ‘own account’ operations and whether the trailer being towed is 1,020kg unladen weight. In Great Britain, own-account operators are governed by the conditions laid down under a restricted operator’s licence.


https://www.commercialfleet.org/fleet-management/towing-the-line-a-guide-to-the-law-governing-the-towing-of-trailers-by-vehicles-up-to-35-tonnes/55087/

Scrapit

You complete vehicle checks to see if your vehicles roadworthy. These checks should include the brakes. As the driver you are responsible for the vehicle and trailer. I know my firm have a record of vehicle checks which includes trailers. Protects the driver and the firm.

scaredofdebt

I wouldn't contest the FPN as you will likely lose, it's YOUR responsibility to check the trailer was roadworthy.

Speak to your boss about reimbursing you for the cost however. But it will likely affect future insurance premiums.

What test did they use to identify the brakes were faulty?

SHAFT

sevenhills wrote: »

Was it your car and your business insurance?

Was it a large trailer, if it had brakes?


Operator licensing regulations could affect some fleets depending on whether they are on ‘own account’ operations and whether the trailer being towed is 1,020kg unladen weight. In Great Britain, own-account operators are governed by the conditions laid down under a restricted operator’s licence.


https://www.commercialfleet.org/fleet-management/towing-the-line-a-guide-to-the-law-governing-the-towing-of-trailers-by-vehicles-up-to-35-tonnes/55087/

Size of the trailer and operators licence have nothing to do with the offence.

alan_d

In my experience, you can feel if trailer brakes are working as soon as you stop any more than gently - you should feel the car/van's brakes start slowing you, then after a slight delay the trailer's brakes kick in.
If you didn't check that and feel it within the first mile, you shouldn't have proceeded with the journey.

esmerobbo

What was the actual fault they found?

AdrianC

I presume we're talking about operating outside of the requirement for an O licence, just a .5t vehicle and .5t trailer with overrun brakes?

I find it hard to believe they actually tested the operation of the trailer brakes and their efficiency roadside, so I'm guessing this was something easily visually identifiable. Brake cables/rods knackered or missing? Something with the hitch?

You're the driver. Vehicle defects are your legal responsibility. They may also be the operator's responsibility, of course, but that doesn't mean it's not yours.
https://www.fleetnews.co.uk/blog/company-car-liability-who-s-responsible

If the trailer's provided by your employer, I presume there's a fault-reporting mechanism and some kind of maintenance program in place.

Bring in trailer MOTs...

Herzlos

As the driver/operator, you're responsible for the entire vehicle including the trailer and if it's fitted with brakes they should work.
If it's overrun brakes you should be able to test them pretty quickly by applying the handbrake and giving it a shove.


Brakes should fail pretty gradually, so should be something that's picked up if it's being serviced to the manufacturers schedule. When was it last serviced?



If they don't work, you run the risk of it pulling to the side, taking much longer to stop, or the trailer pushing the car about (jack-knifing?).


What was the trailer and load? You could maybe argue that if the trailer gross weight was under 750kg then you didn't need the brakes, but that's a pretty grey area and wouldn't fly if you were dealing with a car trailer.

AdrianC wrote: »

Bring in trailer MOTs...

Absolutely, there's some serious wrecks bouncing about out there.

AdrianC

Herzlos wrote: »

What was the trailer and load? You could maybe argue that if the trailer gross weight was under 750kg then you didn't need the brakes, but that's a pretty grey area and wouldn't fly if you were dealing with a car trailer.

Even <750kg (and even if we ignore that it's MAM not actual weight), if brakes are fitted they must work automatically on all wheels.

Robisere

gafferwoody wrote: »

Hi
Need some advice as last week was pulled over for a trailer check whilst out doing my job.
The trailer was found to have faulty brakes and i have now been issued with £100 fine and 3 points.
I feel this is unfair as how on earth do I know if my trailer has faulty brakes surely this is my company/ employers responsibility. (after all im no mechanic).
My company ask me for a weekly check of the lights and tyres to be carried out nothing about my brakes.(Also nothing on DVLA tow a trailer advice)
Should I contest the fixed penalty??

How can my company get away with this and now the trailer is being fully overhauled but its after the event.

Not a happy bunny any advice would be most welcome.

Sorry, but these are the facts:
Once a trailer is hooked up, the assembly of vehicle and trailer is counted as a whole vehicle. You are the driver and are responsible for the whole vehicle. It is your responsibility to ensure that all of the driven vehicle is roadworthy and without faults.

The fact that you are 'no mechanic' is irrelevant. It is the responsibility of the driver to ensure that the vehicle driven is roadworthy. If your company has asked you to check only lights and tyres, are you aware that the actual towing vehicle you drive is checked, maintained and serviced correctly and regularly?

You need to have words with your company and explain that this case could result in trouble for them. You cannot avoid this prosecution, but you could write to the prosecuting authority named on the letter, and ask for leniency, based upon the fact that you believed that your company was maintaining and checking the trailer. It's a weak argument, but you may just receive a little leniency.