laulier gets £75,000
Page 5
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ill many more?
SURREY haulier has been sent a £75,000 bill for alleged nage to a road, and the County Council has the backing of the Highways Act to do it, writes DAVID WILCOX.
;Liffey County Council sent 3 bill to the British Airports .thority, after damage was ;covered on a road near twick Airport. Tippers had en carrying excavated aerial upon BAA's behalf, J the Authority passed the I on to the haulier.
['he haulier's insurance mpany is understood to ve engaged a solicitor to restigate the case.
Jnder the 1959 Act, a local thority can make a claim ainst a haulier whose hides have caused excess, damage to the roads. But Road Haulage Association rs that more will resort to s tactic as a way of getting )und cuts in expenditure on id maintenance.
1HA told CM that it is pertly legal for a local thority to claim such coinnsation, but it must first Dye that the particular erator was solely response for specific damage on a :cific road.
3ecause of this, such claims virtually restricted to ids leading to private guars or tips, where there is no ubt about the cause or exit of the damage.
RHA is advising its members io do receive such bills that they should contact their area office which, in turn, can apply local pressure.
The Freight Transport Association says such claims follow a "well established principle", but, in reality, they could only be made in relatively few cases.
Its spokesman warned operators not to ignore such a bill, but to establish immediately just how much of the damage has been caused by their vehicles.
Because of the drop in road maintenance, it is essential to point out the extent of damage caused before the operator's vehicles appeared.
Operators should also seek professional advice, either through RHA or FTA, and should not pay the local authority bill without checking it. Very often, it could be contested, and a lower, compromise figure agreed between operator and local authority.