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On the defensive
Page 38
Page 39
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Drivers who defend themselves against thieves may risk prosecution if they use excessive force. So how can they lessen the risks on the road? Adam Hill reports.
Although half the 2,000 trucks stolen in the UK annually are taken from their home bases, drivers are vulnerable out on the road. And with Christmas coming the attraction of retail deliveries as targets for thieves is worth thinking about,There's a good deal of common-sense advice around on parking up safely and securing your load. But there is generally less help available when it comes to what a driver's legal rights are if you come under attack from thieves.
Insurance risks
While carrying a cricket bat in the cab as 'extra insurance' for such an eventuality might seem like a good idea, a court might not see it that way should you actually use it to hit the villains for six."A driver carrying a defensive weapon is at risk," says transport lawyer Jonathan Lawton. "The short, sharp answer is to never carry cans of mace and soon." Of course, would-be thieves are unlikely to bring court cases for injury against you if you resist — but that didn't stop Norfolk farmer Tony Martin going to jail. We live in litigious times. Courts might be prepared to look favourably on an incident,but there's no guarantee of innocence for drivers who defend themselves violently.
"If he or she bops someone with a baseball bat, it would be a case of 'getting away with it'," says Lawton. "You're allowed to use 'necessary force'... force that matches the attack with which you're faced. So if someone is faced with an attacker wielding a chisel, arguably a baseball bat would be excessive, "If thieves try to stop a truck by parking two vans to prevent your progress and you drive rough them, noone's going to complain," he adds But it is a fine line.A spokesman for the Transport and General Workers 'Union says the union works with employers, police and security experts but admits: "We have nothing hard and fast on this in policy terms." But he echoes the legal point: "Lock your vehicle and make sure loads are secure. In terms of fighting off an attack, 'reasonable force' is (lift cult to define at the margins; it's something for the courts to determine. But if you're faced with an incident, don't put your life at risk."
If they are not doing so already, employers should be making security a key part of training.
Security training
"It depends on the nature of the business people are involved in, but the rules of common sense apply," the T&G says. And this means that if people are driving valuable loads that they're given appropriate training in what to do in situations of robbery."
Government advice concentrates on avoiding confrontation in the first place, in cluding planning your route beforehand, thus avoiding the need to stop to ask the way.
Also, if you know exactly where you're going, no-one can mislead you with wrong directions. Not talking over the radio, on the phone or in person about loads or routes with other drivers or customers is also recommended.
If a driver wants to carry a baseball bat to make him or her feel more secure, it can be difficult to argue against and, of course, virtually impossible to prevent. But Lawton concludes: "Employers should urge drivers to concentrate on in-cab security.The key is to be satisfied, as a matter of health and safety almost, that your cab is secure.
"Never be tempted to open the door, or even the window to people you can't identify. Make sure you have a mobile phone or some means of communication.The truth is, you'd be far better occupied by planning activities to ensure you are not exposed." •