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Send us your questions
Page 28
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CM is reintroducing a regular page of readers' questions, with answers supplied by top transport Lawyers.
DO YOU HAVE A burning legal question? Let us know and well try to answer it in our new regular page of legal Q&As, which begins on 9 July As well as transport, our lawyers can answer queries on employment and health and safety laws, since both areas affect employers and employees in the road transport industry.
We welcome questions from owners, managers, drivers, fitters and anyone working in the transport sector who encounters a legal problem where the answer is less than obvious.
Possible topics include the working time rules, digital tachographs, the use of mobile phones and the soon-to-be-introduced Driver CPC.
Or are there some curious and confusing aspects of the Construction and Use regulations that you are wondering about?
Employment law is an ever-moveable feast, while health and safety laws have recently gained more teeth with the introduction of a corporate manslaughter law. So scratch your heads and get in touch — we look forward to hearing from you. Here are a couple of examples... fi
A friend of mine in the haulage business has asked if he can borrow one of my trade plates to take a vehicle for test. Should I let him?
Not If you value your freedom. The fraudulent altering, using or lending of trade plates can attract a maximum penalty of £5,000 or two years jail.
I drive as a full-time employee for a haulier who says he may have to temporarily lay me off because of a downturn in trade. How much am I entitled to be paid? You should receive your normal pay unless your contract contains a clear term to the contrary. If there is such a term, you can claim statutory guarantee pay as long as you have been working for your employer for a month. However, guarantee pay is limited to five days' pay over a three-month period, and the current maximum daily rate is just 221.50 per day. This rate is varied annually in line with the Retail Prices Index.