AT THE HEART OF THE ROAD TRANSPORT INDUSTRY.

Call our Sales Team on 0208 912 2120

If your load is a nuisance . . .

28th May 1976, Page 45
28th May 1976
Page 45
Page 45, 28th May 1976 — If your load is a nuisance . . .
Close
Noticed an error?
If you've noticed an error in this article please click here to report it so we can fix it.

Which of the following most accurately describes the problem?

by Les Oldridge, rEng (CEO, num, AMIRTE

THE Motor Vehicle (Construction and Use) (Amendment) Regulations 1976, which came into operation on March 31, 1976, made some changes to the 1973 C and U Regulations. The most important of these to the goods vehicle operator is the alterations made to Regulation 90 (2) which deals with the security of loads.

The regulation now reads: "The load carried by a motor vehicle or trailer shall at all times be so secured, if necessary by physical restraint other than its own weight, and be in such a position, •that neither danger nor nuisance is likely to be caused to any person or property by reason of the load or any part thereof falling or being blown from the vehicle or by reason of any other movement of the load or any part thereof in relation to the vehicle."

The requirement to secure the load "if necessary by physical restraint other than its own weight" is new; so is the reference to the load or any part of it "being blown" from the vehicle.

The other important change is that the prosecution now has to prove only that the load becoming detached was a "nuisance" or a danger to other road users whereas formally "danger" to other road users had to be established.

The regulation now includes property as well as persons to whom danger or nuisance may be caused.

So an offence is committed if, say, sand is blown off or falls off a vehicle so as to be a nuisance to other road users. Such loads must now be sheeted or physically restrained by some other means.

What exactly is a "nuisance" will have to be decided by the courts. Civil courts have dealt with the tort of "nuisance" for centuries and there is plenty of case law on the subject, but "nuisance" in the C and U Regulations is rather different. I would think the courts would accept the dictionary definition of "nuisance" as anything in jurious or Obnoxious to the community or members of it for which legal remedy may be had; an annoying action or anything disagreeable.

The new regulations contain several other amendments to the 1973 C and U Regs. The definition of "close coupled" in relation to the wheels of a trailer is altered so that the distance between centres is increased from 840mm (33in) to one metre (39.37in). RAF Mountain Rescue Service vehicles are added to the list of those emergency service vehicles which may be fitted with two-tpne horns.

Radials

Regulation 80 (4) is amended to provide that the gross weight of a trailer made on or after February 27, 1977, and fitted with overrun brakes must not exceed 3,500kg (3.445 tons). Why February 27? Why not January 1 or December 31? It seems a bit arbitrary.

Regulation 100 forbids the mixing of rradial and crossply tyres on one axle and in some cases on front and rear axles. Goods vehicles over 1,525kg were exempt from this ban but the amending regulations have altered this. Such mixing of tyres is now forbidden on all goods vehicles irrespective of their weight.

In accordance with a general policy in met ricating regulations, certain maximum weight limits have been rounded up to the nearest 10kg (about 221b).

Vehicles type-approved to prescribed EEC directions are exempted from a great number of C and U requirements concerning brakes.

Regulation 89 makes it an offence for the maximum gross weight and axle weight shown on the manufacturer's plate to be exceeded. This regulation is now amended to make it an additional offence for the maximum gross weight or axle weight in Great Britain as shown on the plate to be exceeded.

Tags


comments powered by Disqus