Fixed Penalty Notice for cracked windscreen - Advice Reqd

[Greenbat]

On the way back home from work 2 days ago, I was stopped by a traffic cop and fined £60 plus 3 penalty points for having a crack on the windscreen. I feel very harshly done by and I am considering appealing.

 

A few facts

 

1. The crack is not in the line of vision and does not interfere with driving. It is 250mm long but only about 30mm off the bulkhead on the passenger side.

 

2. The offence code stated on the ticket is 1412 which is use of a motor vehicle in a dangerous condition. By the way his spelling of dangerous was 'dangeos'.

 

3. He first spotted me on the motorway but stopped me on a road 0.5 miles from the motorway. On the ticket he put the location as the Motorway not the actual location where I was stopped. I took photographs to prove.

 

4. I had an appointment to replace the windscreen which I informed him off.

 

Reasons why I want to appeal.

1. In my opinion he should have given me a Vehicle Defect Rectification Notice since my windscreen was not at the time dangerous in the respect that it was hanging off or something similar.

 

2. If he deemed the car as in a dangerous condition, why did he think it was still safe to be on the road? ie Why did he allow me to drive home?

 

3. I have researched endorsable codes and I cannot find any relating to 1412.

 

4. I have spoke to several managers from Autoglass, Nationwide Glass and all have never heard or knew of a case why someone had received a FPN for a cracked windscreen.

 

5. Spoke to a sergeant from the Traffic Police and in his 10 years as a traffic cop he had come across similar examples but never issued a FPN.

 

 

Firstly have I got any grounds to appeal?

 

Any comments will be appreciated.

 

Thanks

Greenbat

[marmaris30]

Firstly have I got any grounds to appeal?

 

You always have the right to choose a Magistrates' Court hearing as an alternative to paying the fixed penalty. The risk is that you could receive a larger fine, number of points, or both.

 

The copper you had the misfortune to encounter could well have given you a rectification notice but he obviously felt he had good reason to issue an FPN. He could probably make a case in Court, with supporting evidence, that a 25cm crack is very large and undermines the stability of the windscreen, regardless of location, so it was only a matter of time before it shattered dangerously. Unless there are significant irregularities with the FPN, I think it would be difficult to argue that he had not complied with the law in issuing it to you for the offence in question.

 

Don't forget that most insurance policies include glass replacement, often with a special excess, and that it usually doesn't affect your NCB.

[heliosuk]

The copper you had the misfortune to encounter could well have given you a rectification notice but he obviously felt he had good reason to issue an FPN. He could probably make a case in Court, with supporting evidence, that a 25cm crack is very large and undermines the stability of the windscreen, regardless of location, so it was only a matter of time before it shattered dangerously.

4

 

All screens have to be laminated now, so will not shatter. I'd be inclined to challenge as Mr plod is far from qualified to make these sort of decisions. In fact, it's a wonder he knew what he was looking at for a start.

[markie76]

Unless your Mr Plod moonlights as an MOT tester there's a 99% change he hasn't got a clue when it comes to windscreen requirements and what classes as borderline or dangerous.

 

The MOT windscreen requirements focus on an area of the windscreen directly in front of the drivers seated position known as Zone 'A'. This is the only area of the windscreen subject to test requirements. As you say your crack is nowhere near this area and therefore not subject to any test criteria.

 

If your car passed its last MOT with the crack then Mr Plod needs to present some compelling evidence to support his claim that your motor vehicle is in a dangerous condition when a VOSA qualified tester (and the VOSA test requirements) say otherwise. The MOT test manual windscreen section is on the following link;

http://www.transportoffice.gov.uk/crt/doitonline/bl/mottestingmanualsandguides/mottestingmanualsandguides.htm

(go to third option for inspection manual for class 4, section 8.3)

 

 

I would get an MOT (or pre-MOT inspection) done on it with the windscreen in the same condition as stopped by Mr Plod and challenge the FPN.

 

 

 

 

Good Luck

Edited August 6, 2012 by Conniff
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[scaniaman]

Aye, but a ten inch crack would have been noticed a while back and therefore time to rectify.

However, i would write Cheif Constable in area where you were stopped and tell him about FPN and say that you were not stopped by police on motorway on the date listed. Do NOT mention that you were stopped on a different road. I did this in connection with a parking FPN where the date was a year wrong. Told CC that i did not own car on that date and in fact doubt if car was even registered on this date. Best of luck.

[Greenbat]

Thanks for all the replies. Ticket has been cancelled which is the absolutely right thing.

Thanks

Greenbat

[crem]

Thanks for all the replies. Ticket has been cancelled which is the absolutely right thing.

Thanks

Greenbat

 

That's good to hear, but it would be interesting to know on what grounds it was cancelled?

[Conniff]

If it should happen again, especially where you said it was, go to any MoT center and they will put a grid on your windscreen showing where you can and can't have a crack or chip. Yours sounds as if it was outside the area.

[Bang!]

The grounds would be interesting to find out, especially as they are unlikely to admit "clueless ******".