IT'S THE WAY THEY FINE 'EM
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eard the one about the Irish transport minister and the dodgy consignor? It's a cracked We've all laughed at Irish jokes at some time or other, usually as told by the Irish themselves—it's the way they tell 'em. But there's nothing funny about Irish plans to get tough with unscrupulous consignors. What Irish Transport Minister Emmett Stagg is proposing is a law that will target those shippers who deliberately provide false information on the weight of their loads in order to make a financial killing. Clearly this problem is not unique to the Emerald Isle. In the UK plenty of shippers and consignors "make mistakes" when it comes to declaring the weight of a load, especially if it's hidden inside a container. Meanwhile the poor old haulier picks up the box— and carries the can when his wagon is stopped in an enforcement check and what's inside suddenly bears no relation to what's on the weigh ticket. The Road Haulage Association has been arguing for a law on consignor liability for years, but with little to show for it: the official reply from the Department of Transport has always been that the courts can already apportion blame when the haulier is asked for mitigation. nfortunately, as the courts know only too well, overloading is an absolute offence. An operator can argue till he's blue in the face that it wasn't his fault, but that will cut little ice with your average magistrate: the number of magistrates prepared to give an absolute discharge when a consignor's cock-up puts a "morally-blameless" haulier in court can be counted on one hand. Of course a haulier could always sue the consignor for supplying him with false information. Frankly you might just as well stick your hand in a blender for all the good that's going to do you. The purpose of the Irish law is to protect vulnerable operators, particularly owner-drivers, from unscrupulous consignors, and trucks detained under the new legislation will be taken to a secure compound and held until a fine is paid. Roads and Traffic Minister Steven Norris might take note of that while he's looking for new excuses not to introduce impounding on this side of the Irish Sea. If they can do it, why can't we? The DOT ought to follow the Irish example when it comes to tackling consignor liability. Right now it is still treating it as a joke.