DVSA issuing illegal breakaway cable notices

1235789

Comments

  • dwlgll20
    dwlgll20 Forum Participant Posts: 139
    edited July 2016 #122

    Can any body post a link to the legislation governing trailers and connections?  I can't find anything in the Roads Act  I also found this which made interesting reading especially on dimensions. 

    After spending hours reading up on all sorts of legislation I have come to the conclusion that there is NO legislation regarding a breakaway cable as all that is required is a device to brake the trailer in the event of the trailer disconnecting from the towing vehicle. 

    There is absolutely NO reference to a breakaway cable or any cable for that matter to brake the trailer in the event of a disconnection.

    Surfer, if you want to spend £6 (plus P&P) there is booklet published by the Society of Motor Manufactures and Traders (SMMT) which may help you. The DVSA advise people wanting further info on towing and trailers to this booklet. Perhaps the CC could see about getting discount from the SMMT for CC members?

  • JohnM20
    JohnM20 Forum Participant Posts: 1,416
    1000 Comments
    edited July 2016 #123

    Can a 'law' be retrospective? If a caravan is sold with the spring type clip then surely this must be legal otherwise the caravan is sold not fit for purpose. There are many things which only become a legal requirement on a new vehicle (or in this case,
    caravan). If a tow vehicle happens to have or is changed to one with a dedicated cable fixing point on the towbar can the caravan owner be forced by law to change what is otherwise a perfectly acceptable and legal clip arrangement? Just because there is a
    dedicated fixing point doesn't make the wrap around method of fixing any less secure than it would be if there was no dedicated fixing point.

  • katieb
    katieb Forum Participant Posts: 74
    edited July 2016 #124

    Although I currently loop my breakaway cable around the towball I have noticed that there are a couple of smallish holes on the towbar one either side of the retractable towball.

    The spring clip from the breakaway cable cannot pass through them so would it be ok to attach a strong carabiner through the hole and then pass my breakaway cable through this So that it still loops back on itself?

     

  • PJMEG
    PJMEG Forum Participant Posts: 180
    edited July 2016 #125

    I have just had a tow bar fitted to my new tow car and on collecting it today I aked the fitter if he ws aware of any new legislation to which he replied he was`nt, the tow bar I have had fitted has a decicated hole on the main structure attached to the
    chasis he has recommended that this is where I connect the breakaway cable as this is the strongest point, not sure if all manufactured tow bars have these.(seems like a complete minefield).

  • Msafiri
    Msafiri Forum Participant Posts: 4
    edited July 2016 #126

    I use a 10mm certified d shackle thru the hole on the tow bar of my Defender and loop the breakaway cable thru that . The tow ball or height adjuster slide is therefore bypassed by the cable ,so that if either detached (struck by lightning !)  the brakes
    would still apply .

  • jennyc
    jennyc Forum Participant Posts: 957
    500 Comments
    edited July 2016 #127

    Can a 'law' be retrospective? If a caravan is sold with the spring type clip then surely this must be legal otherwise the caravan is sold not fit for purpose. There are many things which only become a legal requirement on a new vehicle (or in this case, caravan). If a tow vehicle happens to have or is changed to one with a dedicated cable fixing point on the towbar can the caravan owner be forced by law to change what is otherwise a perfectly acceptable and legal clip arrangement? Just because there is a dedicated fixing point doesn't make the wrap around method of fixing any less secure than it would be if there was no dedicated fixing point.

    Write your comments here...

    Surely the responsibility for correct use lies with the user. You wouldn't blame the van manufacturer if you towed with an unsuitable vehicle. There have been numerous posts on this thread which make it clear that Alko make two types of clip/ cable, each for use in specific circumstances. The caravan manufacturer cannot know what vehicle you have, or whether your towbar has a dedicated attachment point or not. If people stopped posting about their interpretation of the law and concentrated on using best/ safest practice then we might live in a better world.

  • Shaun Harley
    Shaun Harley Forum Participant Posts: 4
    edited July 2016 #128

    I collected a brand new caravan from Chipping Sodbury on July 1st and was told by the demonstator to loop the breakaway cable around the neck on my detachable swanneck towbar. So there does seem to be mixed advice from the caravan industry and the law

  • Lutz
    Lutz Forum Participant Posts: 1,564 ✭✭✭✭
    edited July 2016 #129

    I collected a brand new caravan from Chipping Sodbury on July 1st and was told by the demonstator to loop the breakaway cable around the neck on my detachable swanneck towbar. So there does seem to be mixed advice from the caravan industry and the law

    It's not the law, but DVSA's interpretation of the law. There's nothing in the law that says a breakaway cable must not be looped around the towball.

  • Shaun Harley
    Shaun Harley Forum Participant Posts: 4
    edited July 2016 #130

    I collected a brand new caravan from Chipping Sodbury on July 1st and was told by the demonstator to loop the breakaway cable around the neck on my detachable swanneck towbar. So there does seem to be mixed advice from the caravan industry and the law

    It's not the law, but DVSA's interpretation of the law. There's nothing in the law that says a breakaway cable must not be looped around the towball.

    I think I will continue to loop the breakaway cable until told otherwise. I have a small breakaway attachment on my tow bar but as pointed out by previous posts it's not large enough to pass clip through. Have looked to swap cable for the carrabina type but not sure if I did it myself would it have an affect on the warranty or would it have to be done by  Alko or Bailey.

     

  • Dave7339
    Dave7339 Forum Participant Posts: 16
    edited July 2016 #131

    There may be another discussion somewhere on the forum regarding this....but thought it warranted its own discussion.....

    Stopped today, 1st July (with caravan in tow) by the DVSA at Cherwell Services for a Roadworthiness inspection. Was told that the breakaway cable was incorrectly connected to the towing vehicle... ie  looped around the tow ball. This prompted a prohibition
    notice to drive the vehicle on public roads and a further inspection of lights, tyres, steering, nose weight and brakes. Fortunately I was one of the good guys and passed the inspection. However the prohibition notice stood until I could demonstrate , and
    have the capability of attaching the cable directly to the car. Fortunately again I could and I was then issued a prohibition removal notice....The point the DVSA were making is a loop attachment is not legal and voids insurance. There are other issues around
    fixed and detachable(mine) towbars with regard to suitability of the cable/clip. Perhaps the club could make members aware. Happy to show the PG9 notices. As I left the service area, other caravans were being pulled over...

    Did you get the prohibition notice because you had a proper point to connect the cable too and did not uses it as opposed to looping it around the swan neck.All the regulations state looping it is the last resort so if there is no other method then it is
    better than nothing.

  • Surfer
    Surfer Club Member Posts: 1,303
    500 Comments 100 Likes
    edited July 2016 #132

    Technically by changing the break away cable from the standard cable to the Carbiner type you are modifying the caravan.  Would this need to be reported to the insurance company?

  • Lutz
    Lutz Forum Participant Posts: 1,564 ✭✭✭✭
    edited July 2016 #133

    Technically by changing the break away cable from the standard cable to the Carbiner type you are modifying the caravan.  Would this need to be reported to the insurance company?

    One would not be modifying anything that in any way affects type approval or would change any details detailed in the Certificate of Conformity, so there is no reason to have to inform the insurance company.

  • Wildwood
    Wildwood Club Member Posts: 3,582 ✭✭✭✭
    1000 Comments Photogenic
    edited July 2016 #134

    Technically by changing the break away cable from the standard cable to the Carbiner type you are modifying the caravan.  Would this need to be reported to the insurance company?

    They would be looking for any modification that affects the risk and I cannot see that this does so it should not be a problem.

  • Briang
    Briang Club Member Posts: 670 ✭✭✭
    500 Comments
    edited July 2016 #135

    I would get in touch with the insurance company to clarify if my insurance is OK. You know what insurance companys are like any excuse not to pay out.

  • CBRBlackbird
    CBRBlackbird Forum Participant Posts: 184
    100 Comments
    edited July 2016 #136

    Suspect that an insurance company wouldn't know the difference between a spring clip and carabina.

  • RichardPitman
    RichardPitman Forum Participant Posts: 127
    edited July 2016 #137

    Technically by changing the break away cable from the standard cable to the Carbiner type you are modifying the caravan.  Would this need to be reported to the insurance company?

    In the eyes of some insurers, simply putting a sticker ( CC, NT, EH, Custom Car, whatever, ) in your car window constitutes a modification from standard. Madness.

  • SELL
    SELL Forum Participant Posts: 398
    edited July 2016 #138

    Suspect that an insurance company wouldn't know the difference between a spring clip and carabina.

    Agree i dont know what the difference is.

  • Briang
    Briang Club Member Posts: 670 ✭✭✭
    500 Comments
    edited July 2016 #139

    Suspect that an insurance company wouldn't know the difference between a spring clip and carabina.

    Insurance company's will know the difference.

  • JudenSteve
    JudenSteve Forum Participant Posts: 169
    edited July 2016 #140

    I think it's easier just to loop the cable around the tow ball so for some including myself i might add it's laziness as i have to bend down and stretch more to correctly fit my cable in the right place but after reading this i will start doing it properly.

  • JohnM20
    JohnM20 Forum Participant Posts: 1,416
    1000 Comments
    edited July 2016 #141

    Suspect that an insurance company wouldn't know the difference between a spring clip and carabina.

    Insurance company's will know the difference.

    Write your comments here...If there is a different 'risk' why don't insurance companies ask what sort of clip is fitted to the caravan that is being insured?

  • Briang
    Briang Club Member Posts: 670 ✭✭✭
    500 Comments
    edited July 2016 #142

    Suspect that an insurance company wouldn't know the difference between a spring clip and carabina.

    Insurance company's will know the difference.

    Write your comments here...If there is a different 'risk' why don't insurance companies ask what sort of clip is fitted to the caravan that is being insured?

    Any alterations to the caravan have to be reported to the insurance company same applies to any car. Otherwise your insurance could be null and void.

  • Lutz
    Lutz Forum Participant Posts: 1,564 ✭✭✭✭
    edited July 2016 #143

    Any alterations to the caravan have to be reported to the insurance company same applies to any car. Otherwise your insurance could be null and void.

    If taken literally, that could lead to some rather absurd conclusions, though. Even changing the make of tyre to some degree amounts to a technical modification.

  • Surfer
    Surfer Club Member Posts: 1,303
    500 Comments 100 Likes
    edited July 2016 #144

    Any alterations to the caravan have to be reported to the insurance company same applies to any car. Otherwise your insurance could be null and void.

    If taken literally, that could lead to some rather absurd conclusions, though. Even changing the make of tyre amounts to a technical modification.

    If the caravan came with budget tyres and you then fitted Michelins, the value of the caravan has increased.  Vice versa could apply.  Adding a motor mover changes the value of the caravan. 

    I appreciate what yiou are saying, but will the insurance company as the technically the caravan no longer complies with its NCC certification if they really got fussy and the accident was due to a detachment.

  • Lutz
    Lutz Forum Participant Posts: 1,564 ✭✭✭✭
    edited July 2016 #145

    If the caravan came with budget tyres and you then fitted Michelins, the value of the caravan has increased.  Vice versa could apply.  Adding a motor mover changes the value of the caravan. 

    I appreciate what yiou are saying, but will the insurance company as the technically the caravan no longer complies with its NCC certification if they really got fussy and the accident was due to a detachment.

    I would doubt whether the design of the breakaway cable is subject to NCC certification. It's not noted in any documentation.

    In the case of a change of make of tyre it is quite possible that one may detect significant differences in vehicle handling, probably not noticeably on a caravan, but certainly on a car, and that may even have consequences with respect to vehicle safety.

  • KeefySher
    KeefySher Forum Participant Posts: 1,128
    1000 Comments
    edited July 2016 #146

    Any alterations to the caravan have to be reported to the insurance company same applies to any car. Otherwise your insurance could be null and void.

    If taken literally, that could lead to some rather absurd conclusions, though. Even changing the make of tyre amounts to a technical modification.

    If the caravan came with budget tyres and you then fitted Michelins, the value of the caravan has increased.  Vice versa could apply.  Adding a motor mover changes the value of the caravan. 

    I appreciate what yiou are saying, but will the insurance company as the technically the caravan no longer complies with its NCC certification if they really got fussy and the accident was due to a detachment.

    Caravan Insurance policies determine the motor mover not as part of te caravan, but as an additional bit of kit that they ask the value of, lumped in with awning, battery.

  • dwlgll20
    dwlgll20 Forum Participant Posts: 139
    edited July 2016 #147

    I spoke to the CC Insurance help line. They had never been asked about break away cables before....... The answer for CC insurance was its not a modification. They might be providing a response on this discussion board.

  • KellyHenderson
    KellyHenderson Forum Participant Posts: 76
    edited July 2016 #148

    ***Update***

    I have just spoken to the NCC who are very kindly addressing this issue to VOSA and the Vehicle Policy department at DVSA. As soon as I have more information I will of course post again.

    Both myself and the NCC think that the officers issuing the fines are getting stuck on Regulation 55 requirements that any NEW towbar (new design, modification etc) has to have a secondary coupling attachment point.

    However I do need to stress that neither the 94/20 or Reg 55 states how to use the breakaway cable. Both Regulations refer to the specifications of the design and testing of the towbar and do not cover guidance on how the towbar or breakaway cable
    should be used. 

    The Gov.uk website does have a
    Categorisation of Defects
    PDF. Page 157 lists the reasons for defects and page 10 gives advice on appealing. The advice is also on the reverse of the prohibition notice. There is a 14 day window for complaints.

     

     

  • flatcoat
    flatcoat Forum Participant Posts: 1,571
    1000 Comments
    edited July 2016 #149

    Wouldn't/doesn't surprise me that officers are getting it wrong, probably none of them tow so haven't a bleeping clue. 

  • EmilysDad
    EmilysDad Forum Participant Posts: 8,973
    1000 Comments
    edited July 2016 #150

    ***Update***

    I have just spoken to the NCC who are very kindly addressing this issue to VOSA and the Vehicle Policy department at DVSA. As soon as I have more information I will of course post again.

    Both myself and the NCC think that the officers issuing the fines are getting stuck on Regulation 55 requirements that any NEW towbar (new design, modification etc) has to have a secondary coupling attachment point.

    However I do need to stress that neither the 94/20 or Reg 55 states how to use the breakaway cable. Both Regulations refer to the specifications of the design and testing of the towbar and do not cover guidance on how the towbar or breakaway cable
    should be used. 

    The Gov.uk website does have a
    Categorisation of Defects
    PDF. Page 157 lists the reasons for defects and page 10 gives advice on appealing. The advice is also on the reverse of the prohibition notice. There is a 14 day window for complaints.

     

     

    ..so we now know who take with us to court as our expert witness!  Cool

  • Nuggy
    Nuggy Forum Participant Posts: 512
    edited July 2016 #151

    I hope I'm not throwing petrol of the fire but I never understood how it was considered acceptable for the break away cable to be simply looped and dropped over the ball. If a hitch can for a variety of reasons lift and separate from the ball, the logic says the loop could also lift over the ball, separate and be unable to apply the brakes.