Recently our company was taken to court in Scotland for towing a trailer which found to be overweight circa 22% on a 3.5ton trailer. The Sheriff ruled that we were not guilty due to some technicalities, ie lack or proper calibration certs for weigh pads & wrong location on summons.

All companies holding an Operators Licence are measured and graded using a system called OCRS and points are issued in relation to Vehicle condition at road side stop, Annual MOT test, vehicle weights and hours regulations. VOSA then use the points system to place companies into a red, amber, green status. If you are green they tend to leave you alone, red you get stopped more regular.

After our not guilty verdict I contacted VOSA and asked them to remove the 40 points issued when the vehicle was first weighed, they contacted the VOSA operative who weighed our vehicle and said as far as they were concerned the vehicle was overweight and as such the points will stand.

Therefore in the eyes of VOSA they do not recognise the findings of the court and have decided we are guilty..

Anyone else experienced this attitude, have passed it on to our company legal dept to get their take on it

FFS we have a bureaucracy of demagogs where ever we look.

ask them what the appeals process is

art6 ECHR

I suppose that they apply the points independantly of the court process.

Yes, correct. I wasn't aware that VOSA issued points against an operators licence though.

Like many things to do with VOSA, there is usually an appeal system, but it pays lip service to natural justice. They are always right, and will very rarely admit to being wrong. It's a bit like the problem all commercial operators have with headlamp aim at annual test. The biggest fail item is headlamp aim. for years we've been telling VOSA the standards are too tough, especially when most new vehicles have air suspension and the ride height changes by the second.

At last VOSA have relaxed the headlamp aim standards. Maybe it was their way of raising money, like the speed camera scam, by making 27% of vehicles take a retest at £56 or whatever just to check the headlamps again.

You could try an appeal to the Traffic Ccommisioner, but your solicitor may have the answer. I could recommend a good transport lawyer if you don't have one.

For the first time ever I saw a 4x4 vehicle marked up as VOSA with blue lights on it on Friday night.
Can they stop anyone, even a normal car? I wouldn't bother stopping due to the association between hijack attempts and false VOSA vehicles.
It does sound like a money making scam. It is a shame no one clamps down on garages who offer false MOT certificates for cars with HIDs, missing CATs etc for £30 extra. It's getting bigger business now.
As for headlight aim, tell them to speak to the vehicle manufacturer.

Yes, they can, but it is quite rare for them to do so. VOSA tend to more interested in HGVs, PCVs and vans etc.

Going back to the OP. I passed a copy of this thread to a journalist in one of the trade papers. His view was that despite the VOSA equipment being faulty/not calibrated/whatever, the vehicle was overloaded in the first place and any responsible operator should ensure it does not happen!! It was not really the answer I expected as he failed to see the significance of the issue.

VOSA can and do stop cars as well as commercials. VOSA has the right to stop ANY motor vehicle or trailer and to issue a prohibition if that vehicle is unroadworthy.

It is unlikely that the VOSA car had blue flashing lights; AFAIK they are not equipped with them. they have red or orange flashing lights with a sign in the back window or on the roof which will display instructions such as VOSA...Follow me...VOSA...stop...

As an operator, I have to comply with strict undertakings regarding vehicle condition etc. I really don't see why cars should be subject to any less stringent conditions than commercials; they are equally as capable of killing someone if they are not roadworthy.

WTF

How can it be proved the vehicle was over weight if the equipment was faulty?

My bathroom scales are obviously over reading as I ain't that heavy, so I ignore the result

Not sure how the VOSA rules work, but probably 'balance of probabilities' (its civil) and not 'beyond reasonable doubt' (criminal), in which case VOSA's approach is 'probably' right, NG in court due to BRD, but BoP guilty, so points stand. Had the NG verdict in court found you were under weight as opposed to not proven over (so to speak) you would have more of a case, lets be honest, you probably were over weight weren't you, 22% is a long way over and I doubt the weighbridge was that far out.

Simon

I think this is what my contact form the trade press was trying to say.

WTF is the difference?? not proven over or found underweight, both are not guilty!!! as the court rightly found, VOSA need taking down a peg!