Test case forced over vehicle regulations

[Tiberius]

Here's an interesting story
BBC News - 'Superlorry' grounded by police

The story seems to be that the company studied the legislation and believed their new lorry complied. So they announced what they were doing and drove it out of the factory gates.

It seems a very messy way to establish what the rules actually are.

I'm just posting it here for entertainment - no relation to electric assist pedal cycles at all.

Nick

 

[dan]

Here's an interesting story
BBC News - 'Superlorry' grounded by police

The story seems to be that the company studied the legislation and believed their new lorry complied. So they announced what they were doing and drove it out of the factory gates.

It seems a very messy way to establish what the rules actually are.

I'm just posting it here for entertainment - no relation to electric assist pedal cycles at all.

Nick

quite common actualy

the government frame the legislation

the courts then test it

it happens all of the time

 

[flecc]

Yes, I saw that piece on the midday news Nick. Maybe there's an element of doubt concerning how th truck is interpreted, is it one truck or is it a truck and trailer. If the latter, the length could well be acceptable, though with it's rear steering I think that might be difficult to establish.

There is a form of precedent with very large loads. This is on ultra long transporters where the vehicle is in two parts, articulated by the centre load and with a second driver steering the rear wheel set. This is done with police approval but only on a case by case basis.
.

 

[Barnowl]

Would the use of these, potentially, pose another lethal hazard for cyclists? Like that posed by the bendy bus.

 

[Tiberius]

quite common actualy

the government frame the legislation

the courts then test it

it happens all of the time

I'm sure it is, Dan.

The problem is almost always that the legislation is not properly framed.

So they end up paying lawyers far more than what it would have cost to get an engineer to check it in the first place.

Nick

 

[eddieo]

Would the use of these, potentially, pose another lethal hazard for cyclists? Like that posed by the bendy bus.

YES!

Someone I worked with, his brother was killed while cycling, a lorry passed him and he pulled out not realising it had a trailer.

You cannot be to careful! a slit second is all it takes and your life can be over....

 

[dan]

I'm sure it is, Dan.

The problem is almost always that the legislation is not properly framed.

So they end up paying lawyers far more than what it would have cost to get an engineer to check it in the first place.

Nick

all legislation has to be tested at some time in court...regardless of how well it is framed...most quoted in Ebike cases is Letita Winder V DPP

 

[Tiberius]

all legislation has to be tested at some time in court...regardless of how well it is framed...most quoted in Ebike cases is Letita Winder V DPP

Dan,

Why? If its properly framed then the courts should only need to apply it, not test it. "Testing" it is working out what it actually means.

Nick

 

[Barry Heaven]

Dan,

Why? If its properly framed then the courts should only need to apply it, not test it. "Testing" it is working out what it actually means.

Nick

Over 30 year working with environmental legislation has shown me that much legislation is indeed poorly framed, particularly when it is attempting to legislate technical matters. Also, much legislation now has to transpose EC Directives which presents another layer of problems of trying to ensure that it meets both the aims of the Directives as well as making legal and technical sense in English. The regulatory bodies then typically have to write guidance or codes of practice to describe what they believe the legislation is saying. All of this is of course challengeable in the courts.

I don't know about this particular legislation but I suspect it is related to EC legislation.

 

[simonbarnett]

Dan,

Why? If its properly framed then the courts should only need to apply it, not test it.

Nick

If so, why would we need lawyers ?

 

[themutiny]

If so, why would we need lawyers ?

Someone needs to argue case law