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 Post subject: HGV question
PostPosted: Wed May 10, 2006 20:17 
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The other day i came back from a days work and noticed that a trailer that had been dropped in the yard had my number plate on it and had obviously travelling with it on all day, and as far as im aware travelled home on the same stretch of road as i did(which happens to have several speed cameras on it) say this person was caught speeding using my number plate how can i prove it wasnt me? All i would have would be written documentation saying what trailer number i had(clearly visible on the back of the trailer, and therefore one would presume in any potential camera photo) which would obviously be different from the one in any potential photo

any ideas???


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PostPosted: Wed May 10, 2006 20:27 
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manifests, signed PODs etc will prove that you were not on that road at that time if they have times on them. any paperwork proving your whereabouts would be useful

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PostPosted: Wed May 10, 2006 20:28 
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been to any sites with CCTV or security booking you in and out?

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PostPosted: Wed May 10, 2006 20:35 
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well the unfortunate thing is he was only a few minutes behind me so we would both have been on the road at the same time, this is of course presuming he was to have been caught on the last home stretch which is what im concerened about...sure signed POD`s etc etc would be helpful for the most part but its the last 30 or 40 miles home that i am concerned about as we were both on the same stretch of road at the same time


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PostPosted: Sat May 13, 2006 09:04 
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are the trailers different in any way ie trailer codes? different liveries etc. this is a tricky one but surely they have to prove that you were driving that vehicle and with trailers, that could be tricky considering they do not have unique registration numbers

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PostPosted: Sat May 13, 2006 09:29 
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Tachograph? :lol:


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PostPosted: Sat May 13, 2006 11:04 
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the tacho doesnt show your location. it shows the unit that you are driving but not the trailer so the reg no would match the NIP

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PostPosted: Sat May 13, 2006 22:08 
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Oscar wrote:
Tachograph? :lol:


Perfectly all right for you to be prosecuted using tacho evidence, but they don't seem to like it when you try and use it in your defence.
Recent edition of Truck and Driver magazine (May 2006), a driver was told that his tacho was not a legal document.
This cost him £60 fine, 3 points and £300 costs, plus his solicitors fees of £650(which I think is a bit off, considering his solicitor was crap)

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PostPosted: Sun May 14, 2006 03:22 
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i had a think about this the other day and as much as i hate to say it, i can understand why.
the tacho can be used as SUPPORTING evidence against a driver but not as the sole evidence ie they cant look at your tacho and prosecute purely on that. logically, it would work the other way too ie the tacho can be used as supporting defence but not the sole defence evidence. im not saying that i agree but i would assume that this is how they see it

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PostPosted: Sun May 14, 2006 06:10 
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scanny77 wrote:
i had a think about this the other day and as much as i hate to say it, i can understand why.
the tacho can be used as SUPPORTING evidence against a driver but not as the sole evidence ie they cant look at your tacho and prosecute purely on that. logically, it would work the other way too ie the tacho can be used as supporting defence but not the sole defence evidence. im not saying that i agree but i would assume that this is how they see it


If they do (and they might) it is outrageous! It is for the prosecution to prove their case 'beyond a reasonable doubt'. If the defence can show 'a reasonable doubt' then they have won. The standards are supposed to be very different.

In the context of this case (as reported, I wasn't there) clearly the tacho evidence introduced a reasonable doubt and justice was not served.

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PostPosted: Sun May 14, 2006 07:32 
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FYI, I believe that the Police cannot backtrack to prosecute with a tacho as evidence, but VOSA can.

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PostPosted: Sun May 14, 2006 15:02 
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I meant that the tacho would show your speed at the moment the camera flashed. They can get very accurate timings and speeds from them.
(I drove tankers for 40 years. Fought like f**k against the b*****d things in the '60s!)


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