Sheeted stones
Page 30
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We operate six-wheeled tippers carrying stone for a large public company. The quarry manager has said that from 1 April all tippers carrying stone have to be sheeted to comply with new environmental and construction and use laws being introduced.
Is he right?
For several years it has been a requirement of Regulation 100(2) of the Road Vehicles (Construction and Use) Regulations 1986 that the load carried by a motor vehicle or trailer be secured, "if necessary by physical restraint other than its own weight", so that no danger or nuisance is likely to be caused by the load "falling or being blown from the vehicle".
Apart from the word "danger" being removed, the regulation will not be affected by the introduction of a new Section 40A of the Road Traffic Act 1988 — scheduled for July — which deals with the use of vehicles in a dangerous condition. This section will replace similar provisions in Regulation 100(1) of the C and U Regulations.
If you were carrying waste you might be affected by the duty of care requirement that waste does not escape from the vehicle detailed in Section 34 of the Environmental Protection Act 1990, which came into operation on 1 April.