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OUR TEAM OF LEGAL EXPERTS EXAMINE YOUR ISSUES
Page 38
If you've noticed an error in this article please click here to report it so we can fix it.
Legal Q&A is a service to all CM readers in which specialist road transport lawyers will attempt to provide the answers to your legal queries.
I can't get the figures
I had a plant & machinery trailer built to order from equipment! supplied from three original trailers. I can't have an MOT done because the builder did not supply the brake calculations, the build data or brake compatibility graphs which are needed for the first MOT. He can't or won't supply the data and says this is because his computer crashed. I've now got a useless £.12,000 trailer.
Where do I stand legally — can I get the builder to be held accountable? Can I get him to pay for new data?
Alan 011ey Ashford, Kent
This is a question of agreement. In putting this trailer together for you a court is likely to interpret the agreement as meaning a "roadworthy" trailer i.e. one which is tit to pass an MOT. He has acknowledged this to some extent by saying that he can't supply the data because his computer has crashed. Presumably he was intending to provide it beforehand.
If he still categorically refuses to give you the data and he cannot provide you with any alternatives, then you should tell him that you intend to lake whatever action is necessary to get the frailerthrough its MOT at his expense and that you will pursue legal action. This may help persuade him to mend his computer.
I suggest that you take further legal advice when you gel to this stage. There are various services from trade associations which provide values for the loss of vehicles and this might be helpful if you had to make a claim against this individual.
Just doing my job
I am a Class 1 HGV driver and was working for a driving agency which sent me to a wellknown DIY retailer. At the time we were experiencing heavy snow and freezing temperatures. I discovered there was no
screen wash in the tractor unit I was allocated. Despite running around 25 trucks the company said it had none and that !should make do. However, they reluctantly made me go and collect some, a mere 20 litres.
After four hours' delay my trailer was loaded. I noticed one of the tyres was low so asked the manager to call a tyre fitter. The tyre was changed, but by now the load was already late. When connecting the unit to the 16ft high double-deck trailer I discovered the ABS clip on the suzy was broken, so I asked for a new one which was given to me.
When I checked the rear of the trailer I found that only one tail-light bulb worked and the marker lights were not working either. The manager called a fitter who could only fix the tail-light, but as the load was six hours late! said I would defect the trailer on my return for the top markers to be replaced. On leaving the site, 1 was called back and told the load was too late and would go the next day. I was allowed to go home after 7.5 hours of basically doing nothing.
I rang my agency volunteering my service to the company again and was told I had been banned from driving for them because of 'bad attitude'. At no point was I rude and the only attitude I had that day was one of concern for my own safety and that of other road users, which I take seriously when driving for all companies.
The vehicle had five defects and I believe the reason the previous drivers had not detected the faults is because they were scared of being disciplined or banned. On the day in question I even showed another driver how to safely operate a twindeck trailer.
I feel I have been discriminated against because I did not break the law and am very cautious. What would you suggest I do?
I feel their actions show clearly they would rather! broke the law and deliver the load. However, if I had an accident I am sure they would have then said I should not take the vehicle out.
A driver Name and address supplied
You are right that you are personally exposed to prosecution if something goes wrong. You were entirely justified in raising the points you did. As far as that operator is concerned you should tell the agency they are putting you and other drivers at risk and you will not break the law in any circumstances.
They sent you on a job which you could not fulfil because you could not set out on the road in a defect-free vehicle. Drivers cannot be made to act unlawfully simply because they have been told to by an employer.
The operator and agency need to be reminded that one of the undertakings given to the Traffic Commissioner when taking up the licence is that they will maintain 'fit and serviceable' vehicles— defects detected must be reported promptly and recorded in writing. Even if it is not a 'nil defect system you still have a duty to check your vehicle and if the vehicle cannot be operated you need to state this. If they insist vehicles go out in an unroadworthy condition then they risk prohibitions and you should not be party to it.
You are doing what a professional driver should do. Explain to the agency that you have professional standards to maintain but you will not work for operators who put you or others at risk.
It is unclear if the agency will take you on again. If you find the agency is putting it about that you are not a driver who should be employed by others then you may report them for causing you to 'suffer a detriment' for reporting health and safety infringements —you would need legal help in this specialist field.