Transport for London – Failing to comply prohibition on certain types vehicle


SITUATION

The appellant drove their vehicle through a tunnel which was prohibited for their type of vehicle. Specifically the vehicle exceeded the maximum gross weight.


The Enforcement Authority (EA) provided sufficient evidence of all the signage in place to warn drivers of the restriction.

They stated they observed the vehicle was in fact over the maximum gross weight.


WHY WAS IT ALLOWED?

EA’s must provide evidence from the DVLA to prove the vehicle gross weight, they cannot just make an assumption.

Since they did not submit the evidence that the vehicle exceeded the max gross weight, the adjudicator could not be satisfied there was a contravention.

Therefore the appeal was allowed.