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Highlighting the risk of blame

19th September 2002
Page 26
Page 26, 19th September 2002 — Highlighting the risk of blame
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Which of the following most accurately describes the problem?

• by Robin Meczes Tipper operators who have their rear fog lights mounted high up in a bid to avoid damage when tipping loads risk being found culpable if an accident occurs, a leading consultant has warned.

Ray Pidgely, senior consultant at Romford-based Transport Advisory Consultants, says operators must not have their lights set higher than the regulations allow.

"If an accident occurs [in poor conditions] involving a car crashing into the rear of a vehicle when the fog lights are incorrectly positioned with the full knowledge of an operator, that operator could easily be found culpable in court," he explains.

Pidgely's comments follow a number of complaints from operators whose tippers have recently been failed annual tests for having their fog lights set too high—even though the same vehicles had passed previous tests ( CM5-11 Sept). While there may be some inconsistency in the treatment vehicles get at test centres, Pidgely's advice to operators is simply not to use vehicles that are ultimately breaking the rules, even if they have passed their annual tests: "If someone crashes into the rear of your vehicle and an expert witness points out the fog light problem in court, what are you going to say to a magistrate or judge? There certainly isn't any way you can say that because it went through its MoT it's all right. "The Mel test relates only to the roadworthiness of a vehicle in the test centre," he points out. "Once it leaves it's wholly the responsibility of the operator to ensure it is roadworthy."

Neither will operators be able to counter-claim against test centres, vehicle manufacturers or bodybuilders, he suggests: "As soon as a vehicle passes from manufacturer to operator it is 100% the operator's responsibility to ensure it is roadworthy... and just because it might have gone through an annual test doesn't mean it's OK for a year."

Pidgely has now added his voice to those calling for vehicle manufacturers to rethink the rear lighting clusters on tippers—or to get a special dispensation from the authorities for tippers: "Manufacturers should get together and go to the Standards Committee at the DoT to see what can be done," he concludes.

Tags

Organisations: Standards Committee
Locations: Romford

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