liability law Chope
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age Association hopes that a consignor liability defence might be introduced. The DTp has sent forms to traffic examiners on which they are to record details of overloading cases where the haulier or driver blames the sender of the goods.
But Chope says such a change in the law would not work. "Frankly this is not very practical. It just gives an excuse for overloading," he says. "The biggest concern must be inaccuracies in weighing systems."
This is sure to come as a disappoinment for the RHA. Its operations director Tim Inman, who was not available for comment as CM went to press, has described the DTp move as encouraging.
"We've had due diligence slammed in our face. But with this chance in emphasis to consignor liability, I'm optimistic.
It shows the door is still ajar," he said in October (CM 25-31 October).
Inman said at the time that he hoped civil servants would press ministers for a change in the law, allowing operators to make the case that a consignor had given them inaccurate information as to the weight of the load. At the moment it is an absolute offence for a haulier or driver to be overloaded, although courts will often give absolute discharges after an operator pleads guilty.