ANY QUESTIONS?
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I Transport consultant Colin Ward answers your legal questions once a month, so if you have any questions, please write to: Commercial Motor Any Questions, Quadrant, House, The Quadrant, Sutton, Surrey SM2 5AS.
The answers in Comme rcial Motor Any Questions are interpretations of the law, and should not be seen as definitive.
CRANE SECURITY
QOperating a HlAB on our brick lorry, the !rivers' normally drop the ;rat) on to the brick stack o secure it.
We are now being prose:uted for "having a susended implement not so ectired to some part of the rehicle that no danger is :aused or likely to be .aused to any person on he vehicle or on the road". Surely that goes over he top?
'D, Farnborough tâ If the wording of the sum-1 mons is as you have writmi it then the summons is de!dive and they have missed a ital part out.
I take it that the drivers on't disconnect the grab. Regulation 108 of the Road ehicles (Construction & Use) egulations 1986 says: "Where vehicle is fitted with any )paratus or appliance designed alifting, and part of the )paratus or appliance consists ' a suspended implement, the wlement shall at all times bile the vehicle is in motion a road, and when the imple ment is not attached to any load supported by the appliance or apparatus, be so secured either to the appliance or apparatus or to some part of the vehicle that no danger is caused, or is likely to be caused, to any person on the vehicle or on the road."
The key is in that part of the sentence "the implement is not attached to any load not supported by the appliance". It seems that you are complying by not detaching the grab.
LEGAL AID
QI've been with the same company driving HGVs for some 23 years (I'm 48). I've been driving Class One for 15 years; I've driven most makes of vehicle and I've pulled most types of trailer. I get upset when some young Bobby tries to tell me I was driving badly.
I was on a dualcarriageway in the inside lane coming up to a reduced-width area with cones to my offside bringing the road down to a single carriageway. As I got nearer a van coming down the outside realised he wasn't going to get in so I swerved on to the hard shoulder to let him in. All was well until I was stopped about a kilometre out of the other side of the cones by a motorcycle cop who proceeded to tell me that he would report me for driving without consideration to other road users â he said he had not seen the van.
I have now got a summons. What do I do? I can't afford a solicitor.
JH, Ronzsey AIf you receive a summons and you cannot afford a solicitor there are two courses open to you. Firstly, you can ring your local firm of solicitors and ask if they handle legal aid. The problem there is that many solicitors don't because the rate they get for the job is criticised, together with the time it takes to pay them.
The second alternative is to go to your local magistrates court and ask to see the duty solicitor or clerk to the court. They will steer you in the right direction. It is every citizen's right to have legal representation, hence legal aid.
If, as you say, you swerved on to the hard shoulder to avoid the van, I wonder if the policeman has asked himself why, if there was no van, did you swerve?
I would not worry too much as I don't think any magistrates will convict you.
PLASTIC PIPES
QWe operate a number of tractor and trailer combinations, used mainly for delivery of trees to sawmills. Sometimes we use the trailers for other purposes.
We have been prosecuted for not having side guards on the trailer. At the time we were carrying plastic pipe and thought that we were exempt.
D11, London ARegulation 5 of the Road Vehicles (Construction and Use) Regulations 1986, Section 2, sub-section K says this regulation does not apply to "a trailer specially designed and constructed, and not merely adapted, to carry round timber, beams or girders, being items of exceptional length".
If your trailer was "constructed", not adapted, for the job it does not need sideguards. However, plastic pipe would not constitute round timber, beams or girders.
Of course it can be argued that at the time you were "using" the vehicle you were using it for the purpose for which it was constructed.
INSECURE LOAD
QWe are being prosecuted for an insecure load on our bulk tipper which was carrying scrap metal.
The load was below the top of the body, but as there was no net the police say the load was insecure. The material was scrap cars and no way could any thing come off or out, so why the prosecution? TH, Southampton AThere is a growing tendency not to net rubbish and scrap, and this has led to an increase in prosecutions. You will have to prove to the magistrates that no part or piece of the vehicle or load was so insecure as likely to cause a danger to the public.
An independent expert might be your answer.
SEAT WIDTHS
QWhat is the minimum width I can get away with for the seats on my minibus?
KL, Carmarthen P-1 A Reg 41, Schedule 6 Para graph 9, sub-section 3 of Construction and Use 1984 says: "No seat, other than a wheelchair, fitted to a minibus shall be less than 4001nm wide, and in ascertaining the width of a seat no account shall be taken of any arm rests, whether or not they are folded back or otherwise out of use.
TRANSPORT TRAINING
QI am a 28-year-old transport manager, currently employed by a large haulage firm.
I passed my CPC national and international papers about eight years ago and now feel the need to obtain further qualifications.
Can you please advise me on what would be available to me.
NW, Suffolk AIf you wish to further your education in transport, write to the Chartered Institute of Transport at 80 Portland Place, London WIN 4DP asking for details of their various courses which lead to diplomas.