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A Frame fines


hymer1942

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mike 202 - 2011-11-09 6:15 PM

 

Is it a slim chance of being fined OR are the majority of members on this and other forums taking notice of what is being said and NOT using A-Frames.

 

I suspect the latter, as not all of us have either unlimited funds or stick our heads in the sand denying that any problem exists.

 

A bit like the couple captured by the Somali Pirates, we know a problem exists but we won't get caught.

 

Mike...sorry if I wasn't clear but my "slim risk" post,was actually meant as a joke...

..as during this thread it has appeared that some just didn't want the believe what they were being told(namely that the Spanish authorities are clamping down).

 

...hence my "go for it...let us know how you get on" comment....;-)

 

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Hi

 

After being pulled, one of the two police officers could speak a little English and he explained that it was "not possible" to tow in Spain so I produced the letter in Spanish from CAR A TOW at which he smiled and said "not possible". His exact words were "Europe yes, Spain, not possible".

 

He told me to get out of the van. He then got some documents out of his car and on one of them there was a picture of a motorhome towing a car on an a frame with a lot of Spanish text. This was when he said "Euurope yes, Spain no"

After paying my fine he gave me my ticket and he told me to go on the internet and translate this below.

 

Real Decreto 2822/1998

Articulo. 9. 3.

 

I don't want to post the ticket on here as it has all my personel details on it but if someone wants to translate copy and paste on here, the above , fell free to do.

 

Just for the record, we are braked, we have a marker board on the back of the car at the correct height from the ground and triangles also.

 

We have the numberplate of the motorhome on the back of the car. We do not place an "On Tow" sign in the back window of the car as we do know that that would be illegal. i. e. Following these few guidlines the car then becomes a trailer and is not classed as a car.

 

As we continued our journey to Malaga, numerous police cars and motor cycles passed us without giving us a second glance !!!

 

We also add that we have made this journey throughout Spain for quite a number of years now and never had a problem.

 

Hope you find this "first hand information" useful, and we WILL be carrying on towing in the future and if it costs us 40 euros now and again, we think that it is a small price to pay for having our car with us in Spain.

 

Ray

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Jean & Ray - 2011-11-10 10:00 AM

 

.....and we WILL be carrying on towing in the future and if it costs us 40 euros now and again, we think that it is a small price to pay for having our car with us in Spain.

 

Ray

 

Ray..

I don't think I'd be risking it again,seeing as you'll now be logged on their database as a "previous offender".!? ;-)

 

..and just because they let you continue on your way this time,could have been down to the officer's discretion....that may not happen with a second offence....

 

..and I certainly wouldn't be treating a traffic fine,as just some form of "operating fee"... :-S

 

 

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All through this thread runs horse, water, and drink! :-)

I just hope the Spanish authorities do not decide that certain individuals are treating their laws with contempt. Continuing with an offence usually results in a larger fine the second time, and so on, with increasingly draconian penalties for subsequent offences.

It really matters not one jot how logically one argues that a car on a A-frame is a trailer, or how much one relies on legally illiterate words on paper as to their legality from people with a vested interest in selling A-frames, towing one vehicle with another on a public road in Spain is against Spanish law.

There really is no such thing as "European Law", any legal directives issued by the EU have to be incorporated into the laws of each member state. They then become part of each countries national statute law. The object of the European directive is to ensure consistency of statute across the EU, and the EU has neither banned nor authorised A-frames. That is why A-frames are a grey area, and it is also why they are not deemed illegal in the UK, but are presumed illegal elsewhere, on the basis that as they are not legal, they must be illegal.

However, insofar as Spain is concerned, it is not the A-frame that is illegal (though it is not legal) it is the act of towing another vehicle.

Consider for a moment the old adage about a duck. If it looks like a duck, waddles like a duck, and quacks like a duck, it is a duck.

Now, look at your car while it is on a A-frame, and apply the same logic.

Now imagine you are towing your car down a public road, on the A-frame, in Spain. Now pretend you are a Spanish policeman who sees this and who knows that under Spanish law it is illegal for one vehicle to tow another. So you see motorhome (a vehicle) - towbar - car (a vehicle). Now ask yourself: is that car being towed, and by what? Then pose the question: is that combination legal in Spain? Answer: no!

Why does this get so difficult? :-D

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Guest 1footinthegrave
I have no vested interest in this debate except to say, let's assume for a moment our speed limit is as France on a motorway where permitted 130Kph or 81 mph, now you find yourself in France or any other country with our 70 mph speed limit in force, you get stopped doing 81 mph, is it going to get you off the hook to say, ah but it's legal in the UK, mmm, don't think so. And I for one would not fancy my chances in getting my point of view across either :-|
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1footinthegrave - 2011-11-10 8:14 PM

 

I have no vested interest in this debate except to say, let's assume for a moment our speed limit is as France on a motorway where permitted 130Kph or 81 mph, now you find yourself in France or any other country with our 70 mph speed limit in force, you get stopped doing 81 mph, is it going to get you off the hook to say, ah but it's legal in the UK, mmm, don't think so. And I for one would not fancy my chances in getting my point of view across either :-|

 

I tried this many years ago when I lived in Germany and was clock in the UK doing 98MPH said I was used to doing this speed in Germany still cost me £60 and 3 points :$

 

Dave

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It's interesting to note that, despite A-frame towing apparently conflicting with France's 'highway code' and the FFACCC (la Fédération Française des Associations et Clubs de Camping-Car) advising French camping-car owners against doing it, this hasn't quelled A-framing enthusiasm on French motorhome forums and certainly hasn't prevented the systems from being marketed and installed in France. As far as I'm aware nobody has been prosecuted in France (yet), though one might think that it would be just as easy to do so as in Spain.
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It seems the French may have decided, at some level, to turn a blind eye to UK registered vehicles towing cars on A-frames. Their legality in France for French registered vehicles has been discussed in at least one French Motorhoming magazine, but without clear legal guidance. The argument seems to turn on whether a car that remains in all respects fully functional can be regarded as a trailer even if it complies fully with the relevant trailer legislation. The main sticking point seems to be that it is registered as a car, and not merely as a trailer that exceeds 750Kg MAM.

However, one thing that needs to be treated with some caution is the claim by at least one A-frame manufacturer that they can supply a certificate proving the legality of their device. A copy of the certificate was available to read on their website and, having read it, I could find no such proof. It was not clear at that time whose was the authority for issuing the certificate, who had made the assessment, or that it related to any more than individual components, rather than the assembly as a whole when used to tow a car. I believe that company may be one who is, or has, tried marketing these in France.

That there is demand is demonstrable, that the idea is appealing is obvious - but neither of those factors bears upon legality of use in any country outside the UK. Within the UK their use is neither legal, nor illegal, because there is no directly applicable law. They are acknowledged by the UK government to fall into a legal "grey area", which is where the government seems happy to leave them. Were they formally legally sanctioned within the UK, either by new legislation or by amendment to existing legislation, then there would be proof to present to foreign authorities if challenged and, under the principle that what is legally roadworthy in one state must be so accepted by other states, they should not be subject to challenge.

However, depending on how the UK legislation was worded, it remains possible that formally legalising the principle of A-frame towing for UK registered vehicles would have no effect on their use in Spain, because it is not how a car is towed in Spain that is the issue, it is that it is being towed. As stated may times, yer pays yer money..........................................! :-)

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Derek Uzzell - 2011-11-11 9:37 AM

 

It's interesting to note that, despite A-frame towing apparently conflicting with France's 'highway code' and the FFACCC (la Fédération Française des Associations et Clubs de Camping-Car) advising French camping-car owners against doing it, this hasn't quelled A-framing enthusiasm on French motorhome forums and certainly hasn't prevented the systems from being marketed and installed in France. As far as I'm aware nobody has been prosecuted in France (yet), though one might think that it would be just as easy to do so as in Spain.

 

If the financial situation in France gets to the same level as that of Greece or Italy, they may suddenly decide to tap into this 'lucrative' income stream!!!

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Jean & Ray - 2011-11-10 10:00 AM

 

Hi

 

After being pulled, one of the two police officers could speak a little English and he explained that it was "not possible" to tow in Spain so I produced the letter in Spanish from CAR A TOW at which he smiled and said "not possible". His exact words were "Europe yes, Spain, not possible".

 

He told me to get out of the van. He then got some documents out of his car and on one of them there was a picture of a motorhome towing a car on an a frame with a lot of Spanish text. This was when he said "Euurope yes, Spain no"

After paying my fine he gave me my ticket and he told me to go on the internet and translate this below.

 

Real Decreto 2822/1998

Articulo. 9. 3.

 

I don't want to post the ticket on here as it has all my personel details on it but if someone wants to translate copy and paste on here, the above , fell free to do.

 

Just for the record, we are braked, we have a marker board on the back of the car at the correct height from the ground and triangles also.

 

We have the numberplate of the motorhome on the back of the car. We do not place an "On Tow" sign in the back window of the car as we do know that that would be illegal. i. e. Following these few guidlines the car then becomes a trailer and is not classed as a car.

 

As we continued our journey to Malaga, numerous police cars and motor cycles passed us without giving us a second glance !!!

 

We also add that we have made this journey throughout Spain for quite a number of years now and never had a problem.

 

Hope you find this "first hand information" useful, and we WILL be carrying on towing in the future and if it costs us 40 euros now and again, we think that it is a small price to pay for having our car with us in Spain.

 

Ray

 

Some belated follow-up comments on Ray's posting...

 

1. The "ON TOW" sign.

 

John Wickersham's August 2007 MMM article "A-Frame Appraisal" describes having a Vauxhall Corsa converted by TOWtal for towing on an A-frame behind his motorhome. JW said "...TOWtal also supplies a magnetic, flexible plate bearing the words 'ON TOW'. Truthfully, I thought a pair of red triangles was needed."

 

My understanding is that UK regulations demand that 'trailers' have triangular reflectors, so it follows that an A-frame-towed car should need to have these provided.

 

I thought, initially, that an "ON TOW" sign would not only not be needed on an A-frame-towed car, but also that using such a sign might result in the car being held to be a 'car' rather than a 'trailer'. However, having done a bit more google-ing, I can't find anything that actually regulates the use of an "ON TOW" sign. I'm guessing that Ray has been advised by CAR-A-TOW that using one would be illegal, but it would be helpful if Ray could confirm how he came to know this.

 

TOWtal still market these signs for 'toads'. See:

 

http://www.towtal.co.uk/on-tow-signs-have-arrived/

 

and there is plenty of on-line advice for voluntary use of the sign. For example, the statement "...It may also be prudent to display an ‘On Tow’ sign..." on the following webpage:

 

http://www.a-tconsulting.co.uk/caravan_tech/towing_a_car.html

 

Although the practice of motorhome A-frame towing in the UK is widely accepted as a 'grey area', it would seem sensible for the firms marketing A-frame's to at least be able to agree over requirements (or otherwise) for speciaised reflectors or additional signage.

 

2. Ray says "we WILL be carrying on towing in the future and if it costs us 40 euros now and again, we think that it is a small price to pay for having our car with us in Spain."

 

I can fully sympathise with that attitude, but I'm wary that Ray's insurance company would. Any motoring offence - even a €40 fine for a Spanish technical towing infringement - should be made known to a UK insurance provider at some stage. Like minor speeding fines, the provider will usually ignore a single offence but, if you start clocking up such offences, the insurance provider is likely to get edgy.

 

There's also the question (raised elsewhere) whether or not the Spanish A-frame-towing offence will always attract a 'fixed' penalty. Once you've paid your first €40, will your 2nd, 3rd, 4th (etc.) fines each be €40 or an increasingly punitive amount?

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lookback - 2011-10-31 11:17 PM

 

peter - 2011-10-30 9:50 PM

 

Personally I couldn't give a toss who is against A Frames, or whether some consider them illegal. I've got one recently and as far as I'm concerned it's the best bit of kit we've bought for the van. As I've previously stated, it allows us to use out of the way uncrowded sites and go off in the small car to discover what's in the neighbourhood with no problems with parking.

 

I agree with you totally Peter.

 

 

Ian

 

 

Ditto (lol) (lol)

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1footinthegrave - 2011-10-20 3:36 PM

 

Surely what you A frame guys should do is contact your "vans" insurers, and simply pose the question " will I be covered in every eventually if involved in an accident whilst towing an A Frame attached car in the countries you propose going to" I'm sure other folk on this forum would be very interested in the reply, simple really instead of all this pro / anti malarky. After all they are underwriting the risk, if they don't know, who does (?)

 

I have it in writing from my insurer`s that the policy covers me for "towing without reward any trailer or any one disabled mechanically propelled vehicle" Now by "disabled" I assume that if it won`t start that qualifies, therefore the removal of some Insignificant but important part of the Ingition system would suffice? (maybe even the key. which unfortunately would leave the steering locked!!) But the old distributer arm might do?

 

pete

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Jean & Ray - 2011-11-09 10:39 AM

 

Hi

We left Salamanca on sunday on our way south as we approached the m otorway we were stopped by the traffic police for towing with an A FRAME we was fined 80 euro reduced to 40 for paying on the spot

After giving us a ticket he let us carry on our journey and said if we got stopped by police again that day to show ticket and we would be ok

 

 

RAY

 

Which bears out my oft thought word "scam". as even with a receipt it is highly unlikely that anyone would take up issue over it and 40Euro`s aint a bad "little earner" for relatively low paid Plod. maybe 2 or 3 in a day.? Simples!!! Coruption rules OK, after all we have the example of our OWN MP`s never mind the "continental ones" AKA Beresconi?

 

pete

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pepe63 - 2011-11-10 1:12 PM

 

Jean & Ray - 2011-11-10 10:00 AM

 

.....and we WILL be carrying on towing in the future and if it costs us 40 euros now and again, we think that it is a small price to pay for having our car with us in Spain.

 

Ray

 

Ray..

I don't think I'd be risking it again,seeing as you'll now be logged on their database as a "previous offender".!? ;-)

 

 

..and just because they let you continue on your way this time,could have been down to the officer's discretion....that may not happen with a second offence....

 

..and I certainly wouldn't be treating a traffic fine,as just some form of "operating fee"... :-S

 

Which brings me back to my previous post. ref it being a "scam" by Spanish police to get a little "beer money"??. then it would not appear on any database??

 

the EU is a completely Corupt organisation put to-gether by Corupt Governments in order to fleece the populations of europe to the benefit of the unelected Eurocraps.!!! And is largely run under a biased form of Napoleonic Law.

 

pete

 

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PeteH - 2011-11-15 8:59 PM

 

Jean & Ray - 2011-11-09 10:39 AM

 

Hi

We left Salamanca on sunday on our way south as we approached the m otorway we were stopped by the traffic police for towing with an A FRAME we was fined 80 euro reduced to 40 for paying on the spot

After giving us a ticket he let us carry on our journey and said if we got stopped by police again that day to show ticket and we would be ok

 

 

RAY

 

Which bears out my oft thought word "scam". as even with a receipt it is highly unlikely that anyone would take up issue over it and 40Euro`s aint a bad "little earner" for relatively low paid Plod. maybe 2 or 3 in a day.? Simples!!! Coruption rules OK, after all we have the example of our OWN MP`s never mind the "continental ones" AKA Beresconi?

 

pete

 

Ray's posting of November 11 on Page 7 of this thread makes it plain which Spanish regulation was cited when he was fined. It's the one that specifically refers to one motor-vehicle being prohibited from towing another in Spain.

 

On-line advice regarding Spanish on-the-spot fines is that you make sure you know why you are being fined and that you ensure that an official receipt is issued by the police officer collecting the fine. This was clearly so in Ray's case and there's absolutely no reason to suspect a 'scam'. I've no idea what defines the amount of a fine for the Spanish towing offence but (regarding Ray's fine) the 50% reduction from €80 to €40 for immediate payment is perfectly normal. I refer you to

 

http://news.kyero.com/2010/05/26/new-spanish-on-the-spot-traffic-fines-planned/

 

It may be the case that the Spanish police are overly zealous when it comes to prosecuting motorists, and that would be relevant if motorcaravanners towing cars via an A-frame in Spain had an iron-clad defence against being prosecuted for that practice - but they have not.

 

Spanish laws about towing seem to be unequivocal regarding A-frame towing, to the extent that, on other forums, motorcaravanners who are living in Spain, and A-frame-towed there in the past, have said they have now stopped doing this.

 

Even if you choose to take the view that Spanish police are all corrupt and 'out to get' A-framers, and are pocketing the fines themselves rather than dealing with the money correctly, this doesn't alter the facts that there IS a Spanish law that applies to A-frame towing and that A-framers CAN be fined under that law, nor that it's appropriate (as far as the Spanish authorities will be concerned) that they should be fined.

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PeteH - 2011-11-15 8:51 PM

 

1footinthegrave - 2011-10-20 3:36 PM

 

Surely what you A frame guys should do is contact your "vans" insurers, and simply pose the question " will I be covered in every eventually if involved in an accident whilst towing an A Frame attached car in the countries you propose going to" I'm sure other folk on this forum would be very interested in the reply, simple really instead of all this pro / anti malarky. After all they are underwriting the risk, if they don't know, who does (?)

 

I have it in writing from my insurer`s that the policy covers me for "towing without reward any trailer or any one disabled mechanically propelled vehicle" Now by "disabled" I assume that if it won`t start that qualifies, therefore the removal of some Insignificant but important part of the Ingition system would suffice? (maybe even the key. which unfortunately would leave the steering locked!!) But the old distributer arm might do?

 

pete

 

I'm sure your insurance provider would be intrigued by your interpretation of your policy's wording. In any case, I really can't see why you'd want to 'disable' your own car to make it conform to your policy's wording because (surely?) when it's being towed on an A-frame (and I assume that's what you are talking about here) the car tranforms from a 'mechanically propelled vehicle' into a 'trailer' and your policy specifically covers towing trailers.

 

There's no basic insurance-related conflict between being insured against accidents while A-frame towing a car with a motorhome and being prosecuted for A-frame towing. If an insurance provider agrees to insure a motorhome + A-frame + car combination, the provider will have accepted subsequent accident-related risks, and where you will be insured to drive that combination will be specified in the policy. If you get prosecuted, then the insurance provider won't pay the fine anymore than they'd reimburse a speeding or parking ticket.

 

Plainly, if you are A-framing in (say) Spain and you are involved in a serious accident where you are held culpable and the 'illegality' in Spain of that practice is used against you, then your insurance provider will need to get involved. But this is a hypothetical scenario and insurance providers won't normally offer specific advice on what-ifs.

 

No insurance policy can cover "every eventuality" and, although it would be interesting to learn how insurance providers might respond to 1foot's suggestion, I'm doubtfusl that a concrete answer would emerge. Try it and see what happens but, if you consider the answer to be important, get them in writing.

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My final thought on this. People like the idea of A-frames for towing cars. This is understandable, because the idea is very attractive. So, they buy A-frames, and have their cars adapted. They then expect to be able use the resulting combination. So far, all well and good.

 

Then, some decide they will go abroad, and some of them discover, in various ways, that in other countries there are different laws, and that the combination of van + A-frame + car, or towing one road vehicle with another, is prohibited. Some are made to remove the hitch and drive both vehicles separately, sometimes being fined, while others are just fined and allowed to continue. They tell their tales, and the interpretation placed on their stories becomes a grand conspiracy against Brits in general and A-frames in particular.

 

Meanwhile, the simple truth - that there are different laws in different countries - gets sidelined. The fact of the varying penalties is turned into evidence of corruption, not of some police officers being more lenient and sympathetic than others, and finding ways to soften the blow. The argument is advanced that because A-frames are "legal" in the UK, they must be legal elsewhere, irrespective of the fact that their legality in UK has never been established, and that the fines, in Spain especially, do not necessarily relate to the A-frame, but to the towing of one vehicle by another on a public road, where there is no over-riding necessity to do so.

 

The "car becomes a trailer" argument clearly has no validity in Spain, where the car remains a car. Possibly the prohibition could be lifted by an amendment to the Spanish law, or by a specified, or even just a clarified, change in instruction to the police in how to interpret the law in the case of A-frames. However, that would require an approach to the Spanish government. The primary responsibility to do this lies with the makers of A-frames who, in the meantime, should clearly advise buyers that whereas they are acceptable to use in the UK, they may not be accepted elsewhere, and that they should not be used in Spain where it is illegal for one vehicle to tow another vehicle without specific authorisation.

 

So, my suggestion for those with A-frames, or those intent on buying one, is to approach the makers and join with them in an attempt to get the Spanish to change their law, or its present interpretation. So, in conjunction with the manufacturers, write to your MPs, and to your MEPs, pointing out that this is not a towing via a rope, or via a pole, but via a purpose designed coupling that incorporates a means to operate the towed vehicle's brakes, and asking them to take this up with the Spanish authorities. Explain that many people, some of whom have restricted mobility, wish to visit Spain towing a small car, by which means they wish to explore the country, so benefiting tourism, but are being dissuaded from doing so by the present interpretation of the law on towing. Add that you all wish to comply with Spanish law, but that the law at present seems oppressive, and appears unique in Europe. Point out that the A-frame is arguably a safer and more stable way to convey a car than if it is carried on a trailer. Point out that the Spanish law pre-dates the invention of A-frames, and seems to unreasonably restrict their use, and offer to submit examples for inspection at their convenience.

 

There is no reason, other than bureaucratic inertia, why they would not look at this favourably. They urgently need tourism to boost their floundering economy, and they will never in all eternity repair their economy on the strength of fines levied against those visiting their country towing cars on A-frames. With their current economic pressures, and their need to boost tourism, if there was ever a time to get this proposal adopted, now must be it. At the very least this must be a more productive approach than the unending and unedifying squabbling and bleating that goes on on the motorhome forums - that comes to the attention of no-one in authority with the slightest interest in motorhomes, or A-frames. If you write - meaning proper letters, not scribbled e-mails - they are all obliged to reply, so at the very least you'll find out what you've been paying for! :-)

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Brian Kirby - 2011-11-11 12:11 AM

 

Robinhood - 2011-11-10 6:41 PM

 

Brian Kirby - 2011-11-10 6:37 PM

 

Why does this get so difficult? :-D

 

.....a widespread outbreak of Cranio-rectal Inversion?

 

;-)

 

For which condition, sadly, there appears to be no cure! :-|

 

 

.....evidently!

 

It also appears to be somewhat contagiuous.

 

:-S B-)

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Robinhood - 2011-11-16 12:34 PM

 

Brian Kirby - 2011-11-11 12:11 AM

 

Robinhood - 2011-11-10 6:41 PM

 

Brian Kirby - 2011-11-10 6:37 PM

 

Why does this get so difficult? :-D

 

.....a widespread outbreak of Cranio-rectal Inversion?

 

;-)

 

For which condition, sadly, there appears to be no cure! :-|

 

 

.....evidently!

 

It also appears to be somewhat contagiuous.

 

:-S B-)

 

Or did you mean contiguous? :-D

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Brian Kirby - 2011-11-16 12:37 PM

 

Robinhood - 2011-11-16 12:34 PM

 

Brian Kirby - 2011-11-11 12:11 AM

 

Robinhood - 2011-11-10 6:41 PM

 

Brian Kirby - 2011-11-10 6:37 PM

 

Why does this get so difficult? :-D

 

.....a widespread outbreak of Cranio-rectal Inversion?

 

;-)

 

For which condition, sadly, there appears to be no cure! :-|

 

 

.....evidently!

 

It also appears to be somewhat contagiuous.

 

:-S B-)

 

Or did you mean contiguous? :-D

 

....could have done. It seems to be going on and on (and on and....) without a break.

 

:-S

 

(I'll avoid going back and editing it). :$

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I came across the following webpage by chance:

 

http://motorhomefaqs.freeforum.me.uk/t1613-note-on-a-frames-and-dollies-issued-by-the-department-for-transport

 

It includes a multi-lingual copy of the A-frame-related note by Mr Alan Mendelson (Department for Transport) that might be handy for people A-framing abroad.

 

(Also worth looking at to see how distracting 'emoticons' can be!)

 

Incidentally, I haven't been able to identify any sort of dedicated club, organisation, etc. for motorcaravanners who A-frame tow. I'm (mildly) surprised by this as - based on the amount of discussion there is about A-framing, the likely substantial number of people who do it and the length of time it's being going on - I would have thought there would be an active Association of A-frame Addicts by now to share experiences and protect interests.

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