YOU CAN'T DO THAT
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What exactly is the true cost of enforcement? Judging by what's been happening recently to some heavy hauliers and international operators, whatever it is the wrong people are having to settle the account. During the past few weeks Commercial Motor has become increasingly disturbed by reports that some police forces are attempting to charge heavy hauliers for escorting their Special Types loads (Industry News page 4).
The scenario is as follows. Heavy haulier Joe Soap has a Special Types load and notifies police authority of intended movement which requires an escort. Police write back: "Fine that'll be 21,500 for the service thank you very much."
What's wrong with that? Nothing, except that under the current law they've no right to do so.
And learned counsel seems to hold that view. So why are some police forces doing it? Maybe they feel that escorting a Special Types load is a drain on limited police resources and it's something that should be charged for. Maybe it is. But if they charge for providing an escort will they then take ultimate responsibility for anything that goes wrong—as you would expect under a normal contractual obligation? If all heavy hauliers were allowed to provide their own escort the problem wouldn't arise. But until they are, the police will just have to accept that among their duties, onerous as it may be, is the task of escorting large indivisible loads—for free.
It's not the first time hauliers have fallen foul of enthusiastic police forces asking for something they've no right to. Not so long ago Warwickshire County Constabulary had to be firmly reminded that it had no right to demand that an operator send his tacho charts to the police for checking. And this could be happening with other forces. The problem is made worse because we all tend to believe that when the police ask for something—whether it's tacho charts, or a fee for escorting a Special Types Load—they've every right to do so.
If an offence has been committed then add the unloading charges to whatever fines are imposed. But if a check reveals nothing then the authorities have no moral right to expect an honest operator lawfully going about his business to pick up the cost. The disruption caused by an allout check is bad enough. Having to pay for it, like attempts to charge for escorting heavy loads, IS adding insult to injury—and it should be stopped.