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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70528
Experience:  Over 5 years in practice
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I have received a letter on official council headed paper from

Customer Question

I have received a letter on official council headed paper from the local trading standards officer reporting to me that an officer observed a possible weight restriction offence under the road traffic regulation act 1984. They are requesting that I fill out a form giving information, which is similar to when receiving a speeding notification , so they can ascertain who was driving etc. they are also threatening/ implying that not giving them this information may be an offence in its self and they would consider contacting the police. They have also written in the standard paragraph of a caution. Are they allowed to write to companies regards ***** ***** traffic acts and do they have any enforcement rights or duties.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hello, are you aware of the possible infringement on the day and do you agree that it may have breached the law?
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

I was made aware by the letter from trading standards, I wanted to know whether they can legally pursue it on behalf of the police, they are asking me to fill in a form stating who was the driver and what instructions he had from the company etc. I presume subject to my reply they would then pass the information to the police , I believe we were in our rights to work there so am not to bothered but it was the principle of whether trading standards have the right to enquire and or inforce and supply information to the police. They say they are investigating the circumstances and I have asked them for the report so I can answer it.

Expert:  Jo C. replied 2 years ago.
Is there any reason you think they may not be able to?
Customer: replied 2 years ago.

I believe because we had work within the weight restriction we are legally allowed to access that road as there was no other way to access it. my question that needs answering is can they enforce me answering them and are they in association with the police.

Expert:  Jo C. replied 2 years ago.
Well, it depends. Trading standards are an emanation of the state and so does have power to issue S172 requests. Only some offences are covered by S172 though. We have no way of knowing what Trading Standards are investigating but it is not likely to be the weight restriction per se. Therefore the S172 may well be invalid. We can't walk around in their head though and pre empt that. A safer option is just to comply with the request. Trading Standards can bring prosecutions arising from breaches of the law the same as anybody else. They will not though. They will say that is a matter for the police. Their interest will be in some form of infringement. Can I clarify anything for you?Jo