1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136 
Transport lawyers Backhouse Jones are always ready to defend hauliers
Page 38
Page 39
If you've noticed an error in this article please click here to report it so we can fix it.
in court and at public inquiries—but they'd much rather help operators stay out of trouble in the first place. Patric Cunnane gets briefed.
After nearly i77 years in business the transport law firm Backhouse Jones wants to put itself out of work. At least it wants to bring an end to that part of its work which relies on the misfortune of others—principally mistakes made by operators which land them in court or before public inquiries. "We are trying to make the traditional transport solicitor obsolete," says partner Ian Jones. Our expertise will become known in the industry because we will put the systems in place to ensure that operators are doing the job correctly." Partner Jonathon Backhouse nods in agreement: We hope to help them to get it right." But he concedes that there will still be no shortage of rogue operators to provide fodder for the courts: "A cowboy does not come for help—he has not got an 0-licence to start with. But reasonable operators will benefit From good advice on tachograph legislation, maintenance systems and company tructure."
Seminars
Systems are particularly important to the safe ginning of the business: "What happens if he driver goes down the road with a bald tyre? Flow do you know he has checked it today?" asks James, Jonathon's twin. To this end, Backhouse Jones runs regular seminars in the lorth of England where hauliers are invited to isten to experts in their field. Last week, for example, Traffic 7.:ommissioner Beverly Bell spoke on regulaory compliance under the colourful title, "The Demon Headmistress"—partner James Backhouse replied on behalf of operators with a presentation entitled "How to Avoid the Cane"! And on 21 March Paul Forman of the Transport Research Laboratory will head up a seminar looking at accident investigation and management. The Backhouse twins are direct descendants of Richard Backhouse who received his articles in 1819 and set up practice in Preston in 1825. The firm began to specialise in transport in the 193os, when their grandfather, Henry, was at the helm; that interest in transport law was carried on by his son, John, from I 9 6 o until his death in 1998. James enter the practice in 1994 and Jonathon the folio ing year. The company is wholly oriented towa transport legislation, with half of its clier involved in road transport and the rest in pi senger transport. Notable passenger carrie include Stagecoach, the giant PSV and tra operator, which is lan Jones' main client. Jonathon has been involved in the son: what unusual role (for a solicitor) of negoti: ing a trade union agreement on behalf James Irlam & Sons where drivers receni voted for recognition of the United ReN ansport Union (CM 8-14 Nov 2001). IRTU is very legally minded," says nathan. "Irlam was dealing with the nployment law themselves at first but they d not understand it very well so I got volved. Unions understand their rights; iuliers generally don't."
The talks with URTU continue and nathon explains his client's concerns: rlam worries that even the threat of indusial action would drive their customers away. he work is low-margin/high-value and pends on service." Irlam is a major nployer but, as Jonathon points out, negotiing with unions is foreign territory to many auliers who are small and have traditionally nit with their drivers directly.
James specialises in regulatory compliance ork, including public inquiries, hours [fences and repute cases. He is also a quailed tachograph chart analyst and points out lat hauliers need to be confident he under:ands the technical nature of the business: "A .assic example is the trailer parking brake inch many drivers never use because they isconnect the suzie instead. But if the trailer arking brake is stiff it is still an offence. You an hear the sigh of relief when hauliers xplain this and [understand it."
He adds that public inquires require a mea
sured approach: "A haulier gets a letter calling him to an inquiry, quoting the legislation. Attached will be a maintenance report listing prohibitions or periods between maintenance which are longer than they should have been. We advise on the best tactical approach; it's more subtle than just finding mitigating circumstances. We advise them on how to improve their systems—this will go a long way in the inquiry. You have to remember that small hauliers are drivers who have developed into a business. Few have proper training."
Jonathon adds that this approach is beginning to pay off "More hauliers are talcing preemptive action months ahead of the public enquiry."
Fatalities
Perhaps the least pleasant work the firm handles is representing drivers who have been involved in fatalities. And with tougher measures on corporate manslaughter being introduced, the net will widen to prosecute the "directing mind" of the business where poor management or maintenance is alleged to have played a part in a fatality.
At the time of CM s visit Jonathon was representing three drivers charged with causing death by dangerous driving. Defendants had asked him how long they were likely to spend in jail if convicted. "Corporate manslaughter will be similar to causing death by dangerous driving," he remarks, "It's about negligence, not intent."
James adds: "The true situation is that accidents do happen and people make mistakes. All accidents are a result of coincidences coming together. If only you had left the house two minutes earlier it wouldn't have happened. Accidents are actually phenomenally rare given the number of journeys. Corporate manslaughter and causing death by danger ous driving are designed to punish people fin a level of error, single or multiple. It's part ol the growth in blame culture. Safety could ben. efit, but there are disbenefits."
"Consequence offences are society's justiff cation for the death of an individual," says Jonathon. "Society finds untimely death unac ceptable. Corporate manslaughter will allow society to ease its conscience.
"The benefit is that health and safety will b( improved because more villains will go tc prison; the problem is that someone who i! no threat to society ends up in jail. It smack! of revenge."
Perception
The Backlio use Jones team would like to sei increased research into why accidents happen the way they do. "I have a case where a drive drove into a stationary vehicle even though h could see it and driving conditions wer. good," says Jonathon. He believes there is phenomenon at work where drivers see wha is ahead of them but do not register it. "Nc enough is considered about drivers' aware ness and perception."
Jones stresses that the partners want to tak an active role in reducing the number of suc: cases: "Accidents have always been th lifeblood of the legal profession—we could b complacent. But we see our future not a applying hindsight, but applying foresight fc the benefit of our clients. We've sat with to many defendants while they've said goodby to their wives and are taken down."
• Contact: 01254 82B300, or www.bacl houses.co.uk.