Given me some things to 'stew' on there? Hmmm.
Fitting of Role Over Frames to tractors in the 1970s.(ROPS) Yes it was retrospective. But was outside Construction and Use Laws. It was a major safety issue of the time but I cannot remember which Law enforced it or how it was enforced ? Separate issue here.
VOSA is no longer in name but now DSA (Driver Standards Agency) . The chaps on the side of the road were, and probably still are, 'Enforcement'. (Gawd, they will need a new uniform next with a helmet and bright red underpants outside their trousers).
DSA Enforcement Officers work to Construction and Use Regulations. On the road side, that is filtered down to Enforcing MOT standards, Plating & Testing. They cannot and do not conjor up Laws.
So Mr Fieldfare is driving his Morris Minor 1000 along an A class road towing his Bamford Wuffler.
PC Plodd is following and doesnt like what he is seeing and wants to investigate because a Road Traffic Offence may be being committed ?
The Morris is taxed, insured and in a road worthy condition. It has a plant type tow pintle, not a ball. The tow pintle has a security pin fitted to prevent the tow pin coming out. No offence there.
But what is this large yellow thingy on the back with bright blue wheels? No idea so radios help and a Chap in a bright yellow suit with blue motif from the DSA -Enforcement Division turns up. The only distinguishing feature so far is there is no red on the Wuffler... Oh yes there is. Mr Fieldfare fitted a trailer board with Red Triangle Reflectors to the rear and working red tail and stop lights, all working.
The DSA man does not care what a Wuffler is but only regards the thing as a trailer, not fitted with brakes and under half ton in weight. It falls outside the scope of an MOT test so he can only advise the Police Officer on the road worthiness of the trailer and car towing the said trailer. Tyres are in good condition, inflated. A break away chain is not required as this trailer does not have an inertia brake system. The trailer is secure,ie back doors and PTO shaft are not flapping about. No mechanical defects. So the DSA man takes a hard look at Mr Fieldfare, chewing his bit of straw, picking his nose with his pitchfork under his straw hat in the mid day sun. "Whats it do then, this Bamford thing?". Enquires the DSA man who is now having his precious time wasted.
Small Holder Fieldfare explains the purpose of his Wuffler and that his long suffering wife is sat at home with his tea on waiting to look at his Wuffler.. OOH err Missus. Obviously a man going about his business. On yer way Mr Fieldfare.
This whole business your Honor, should never have been brought to court. The whole case so far has been based of presumption and paraphernalia. Mr Fieldfare should be allowed to go about his agricultural business with his antique British made artifacts. Unless we go head first totally into Europe where all things British made , including law, will be scrapped in favor of , shall we say, more Germanic 'box-head' rules and regulations.
I rest my case for the Defense. Yours Rumpole Odin QC.