Scottish hauliers 'terrified' of strapping penalties
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Scottish hauliers are being stopped for securing loads in ways they have done foryears. Has the law been changed, or simply the way it is enforced? CM investigates.
CM COVER STORY roger.browinarta.co.uk AGRICULTURE HAULIERS in Aberdeenshire have complained to CM that police and VOSA officers have recently stopped vehicles, imposed onthe-spot fines, and handed out three penalty points to drivers for not using ratchet straps to secure their loads.
But traditionally, haulage firms transporting bags of fertiliser have used ropes or straps because they believe ratchets can damage and split bags, potentially resulting in spillages of products containing chemicals such as ammonium nitrate.
Martin Cessford, director of R&N Cessford Haulage. based in Brechin. Angus. says transport businesses in the area are now "terrified" about being stopped and fined, merely for continuing a practice they have carried out in good faith for a long time.
A change in method
"We arc now being told fertiliser bags must be secured with a strap and ratchet across each row of bags rather than the traditional roping method, or using the straps inside a curtainsider securing the bags through the loops.
-We arc concerned about Imes and penalty points, hut most of all we are concerned that damage to fertiliser bags caused by the ratchets could result in a serious accident,he stresses.
Agricultural products and fertiliser manufacturer Yara UK employs several haulage contractors in the area. Simon Barley, its customer service and distribution manager. says both the Road Haulage Association (RHA) and Freight Transport Association (FTA) have advised his firm that if one of the contractors gets stopped "they should contest it with the local VOSA area manager".
Potential spillages
"There can be problems with using straps and ratchets, as if too much pressure is put on the bags, it can split their inner liners. We are concerned this could result in spillages," he says.
"This is a big issue for us and we want some clarification on the law as a matter of urgency.
Barley says Yara would welcome discussions with VOSA through its trade association. the Agricultural Industries Confederation (A1C) to agree a way forward and establish a clear securing load method.
"We are disappointed that this has not been possible before fines and penalty points have been imposed on our hauliers," he says.
VOSA says it is keen to educate operators and drivers on load security and is continuing to publicise these issues.
Safety advice A spokesman says a recent load safety campaign involving it. the Health and Safety Executive (HSE), the Highways Agency (HA) and police resulted in 26 improvement notices and eight advisory notices issued by the HSE, as well as six prohibitions issued by VOSA. -Our primary focus is to educate and advise. hut, of course, we will take action in cases where there is clear evidence of an immediate and significant risk of personal injury."
Grampian Police has sought to clarify the issue, saying that it does not issue fixed penalty notices on the basis of ratchets being used rather than ropes, but that it will issue fixed penalty notices where a load is "not properly secure".
A spokesman says: ''Safety advice has been issued to drivers in the past that ropes should be avoided as they are very rarely designed to withstand forces ex ceeding 1.0 to 1.5 tonnes:Ibis is in line with Department for Transport [DM code of practice on safety of loads on vehicles."
'Me RHA is calling on the police, VOSA and the HSE to suspend enforcement action in re sped of the security of "live" loads such as large bags of fertilizer, except in cases where there is "clear evidence of an immediate and significant risk of personal injury".
Impact on OCRS
It also wants VOSA to consider the impact on a firm's Operator Compliance Risk Score (OCRS) in each case where action has been taken recently. and for Traffic Commissioners to look sym pathetically on both drivers' and operators' records should these matters he drawn to their attention.
RHA chief executive Geoff Dunning says: "It is unreasonable to embark on a new enforcement approach without an agreement across interested parties about a way forward, and the industry being given reasonable notice of the arrangements that they are expected to establish.
"The RHA is working with the HSE and others to establish a new standard, and we hope to reach agreement soon.
"In the meantime, we hope that enforcement organisations will be flexible in their approach." •
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