/Ifs not my fault it's not my trailer'
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II another operator picks up one of your trailers which has two worn tyres, who is responsible when the vehicle is stopped by the police?
The answer, as a result of recent cases, is clearly the driver, certainly the driver's employer and probably you as the owner of the trailer.
Under the Care and Operator Licence system trailers do not have to be specifically specified on individual licenses. Consequently it is common practice for trailers to be used by numerous operators in the course of a trading year. It is easy to believe "I am only responsible for my trailers"—nothing could be further from the truth.
You might have perfectly comprehensive system of maintenance which ensures that all your trailers are in first-class mechanical condition. Your competitors might not and you might on occasion be pulling your competitors trailers. These recent cases therefore re-stress the importance of operators ensuring that drivers do complete regular daily visual checks not only of the vehicle which they are driving but the trailer which it is pulling—perhaps more particularly the trailer irrespective of its ownership.
If you hire trailers regularly you must ensure that you know what the hirer's maintenance conditions are—ask for copies of his preventative maintenance sheets, ask for the dote of his last service.
Many operators know from bitter experience that if an accident is caused by a defect in the vehicle or trailer insurers may deny liability under the policy. The operator can be left responsible for the whole of the damage. You cannot say to the insurers or the police: "It's not my fault because it's not my trailer." You are using the trailer it is therefore your responsibility. Equally you may find yourself liable for defect in your own trailer even though you are not using it and it is not being inspected by one of your drivers.
Recent cases confirm that the onus cannot be shifted. you are responsible for your own trailers, you're also responsible for any trailers which your vehicles are pulling.