• We are a plant hire and repair firm and
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while delivering a large crane after repairs it was involved in an accident when a car ran under the rear of the crane while it was under police escort.
The crane is fitted with a fifth-wheel coupling and has full air brakes, at the rear it has a tandem-axle bogie and there is about 10ft overhang. When coupled with a tractive unit it measures 78ft in length.
After leaving the crane-owner's yard under police escort the driver proceeded through four counties with four different escorts. Darkness was falling and our driver waited in a lay-by for his fifth escort. He had been instructed not to drive after darkness unless under escort as the crane was not fitted with rear lights. The escort arrived and the driver remarked to the policeman about the darkness but he said that as they were quite near the overnight parking place they would just carry on. As they were approaching a roundabout the escort stopped to ask the driver if he could negotiate the turn, when a car ran into the rear of the crane.
The firm and the driver have been charged with driving without rear lights and a rear number plate while under police escort.
The police seem to be completely exonerated but in our opinion we were being aided and abetted by the police. Could we have your opinion on the situation, and are the police under any obligation to inspect the vehicle before the escort ,begins to see that it is in a fit state to be escorted?
AYour driver was unfortunate to be involved in an accident in the way you describe.
The police are under no obligation to provide escorts for any abnormal load but do so for the safety and convenience of the public. They are under no obligation to inspect the vehicle or load they are escorting before the journey begins, though one would expect them to draw attention to any obvious lack of safety. But the prime responsibility lies with the operators, through their driver.
If the police were aware that there was no lights to the rear of the vehicle and then instructed your driver to proceed to the night parking place then it could be said that they aided and abetted the offence.
You could certainly bring forward in court. as a mitigating circumstance, that at the time of the offence the crane was under police escort and this might have the effect of reducing the penalty.
It does not help your case regarding the lighting offence, but the driver of the car who ran into your crane would not be held blameless in a civil court; he should have seen the lorry in spite of the lack of rear lights.