Q I am a heavy goods vehicle driver and I was
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asked to take out a loaded vehicle though the load did not look secure to me. On these grounds I refused to drive the vehicle. My employer contends that I was unreasonable and that proof of the security of the load was that it reached its destination intact with another driver, Do you think that I was right?
A It is our opinion that you behaved correctly in refusing to drive a vehicle if you felt that the load was insecure.
Regulation 90 (2) of the Motor Vehicles (Construction and Use) Regulations 1973 states that the load carried by a motor vehicle or trailer shall at all times be so secured or be in such a position that danger is not likely to be caused to any person by reason of the load or any part thereof falling from the vehicle or by reason of any other movement of the load or any part thereof in relation to the vehicle.
Note that it is not necessary for a load to fall from a vehicle or to shift in transit for an offence to be committed. It is sufficient that danger is likely to be caused.
If the load appeared insecure to you then others, including the police or vehicle examiners, could share your opinion.
QMy company is to move a very large abnormal load shortly, and we were told that we should advise the highway and bridge authorities on the route. After doing so, we have been asked to undertake to pay for the cost of road or bridge repairs which might be necessary because of damage done by our vehicle. Is this necessary? A You do not say how large the vehicle and load will be nor what will be the gross weight. However, article 28 of the Motor Vehicles (Authorisation of Special Types) General Order 1973, under which the movement will no doubt be made, deals with the notice to highway and bridge authorities which is necessary when moving vehicles, of which the gross weight exceeds 76,200kg (75 tons) under the Order.
Subsection (4) lays down that the owner of the vehicle shall give an indemnity to the highway authority for the road and to the bridge authority for the bridge in the form set down in Part III of Schedule 2 of the Order.
This indemnity places the responsibility for paying for any damage caused on the owner of the vehicle, provided that a claim is made in writing within 12 months of the date of the journey.