'Secure that load'
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LAST WEEK I considered the first part of Regulation 90 of the Construction and Use Regulations which deals with the offence of parts and accessories of motor vehicles and trailers being in a dangerous conditiOn.
The second part of this Regulation requires that the load carried by a motor vehicle or trailer shall at all times be so secured, if necessary by physical restraint other than its own weight.
It should be in such a position that neither danger nor nuisance is likely to be caused to any person or property by reason of the load or any part of it falling, or being blown from the vehicle, or by reason of any other movement of the load.
This Regulation was made much more exacting by the Motor Vehicles ‘Construction and Use) (Amendment) Regulations 1 976 adding, as it did, the requirement for loads, where necessary, to be secured by ''physical restraint" and making it an offence merely if ''nuisance' is caused by part of a load being blown from the vehicle.
Formerly it was necessary for danger to be proved by the prosecution. Now, to comply with the law, it is necessary to sheet down loads of a powdery nature to prevent dust blowing about and causing a nuisance to other road users. It is also a legal requirement for all loads to be adequately secured.
This is one area where the industry is often badly let down by the "cowboyoperator who allows a load to fall from a vehicle through faulty stacking, lashing, sheeting or proper fastening.
The adverse publicity which the industry receives when such incidents are reported is always welcome ammunition for the anti-lorry brigade. Proper instruction in securing loads and extra care by staff when loading vehicles is necessary if prosecutions under this Regulation are to be avoided.
The Code of Practice, Safety of Loads on Vehicles, published by HMSO is a very useful guide for drivers and vehicle operators and although it is not in itself law one can imagine the prosecution, in this type of case, pointing out that the way a load was positioned or secured was not that recommended in the Code.
In Gifford v Whittaker (1942) it was held that the driver of a vehicle may be responsible for using it with the load improperly secured although the loading was done by another person OVE whom he had no control.
In this case a lorry, complete with driver, was hired by a firm c brewers. The vehicle was loaded with empty beer barrels an crates containing empty beer bottles by employees of the brewery The driver took no part in the loading operation.
There were no nets or ropes used to secure the load and non were provided. One of the brewer's employees travelled on th, platform of the lorry and as the lorry rounded a bend h, overbalanced. He grabbed one of the crates which, in turn, causei other crates to fall on him.
Although one would have thought that the driver was blameles it was held that he was in charge of the vehicle and was, therefore using it. Regulation 92 lays down that where a vehicle is subject to the power to weight regulations, ie 4.4kW per 1000 kilograms (6bhp per ton) and is travelling on a road at a speed in excess of 5mph and some ancillary equipment is being driven by the engine then the remaining available power must not fall below that required by the regulations.
All glass or other transparent material must be maintained in such a condition that it does not obscure the vision of the driver while the vehicle is being driven on a road. The high quality of present day safety glass ensures that the staining which makes part of the glass opaque does not now occur.
The paper stickers showing where the iccupants of the vehicle have spent their holidays may constitute in offence against this regulation if fitted in such a way, and in uch numbers, that the driver's view is obstructed Regulation 93).
The maintenance of steering gear and windscreen wipers are lealt with in Regulation 95 which requires both to be maintained good and efficient working order and properly adjusted.
Any tank provided on the vehicle for carrying petrol must be easonably secure against its being damaged. The leakage of fuel ir vapour (except through a pressure relief device) must be wevented (Regulation 96).
Regulation 97 requires that the lamps and reflectors required on notor vehicles must be maintained at all times in such a condition is to render the vehicle capable of being legally used at night.
There are two useful defences to a charge under this section. It is a defence to prove that the defect complained of occurred during the journey on which contravention was detected or, secondly, that steps had already been taken to have the defect remedied -with all reasonable expedition."
Regulation 98 deals with the maintenance of silencers and I have discussed this subject in a recent article when dealing with Regulation 28 which requires silencers to be fitted.
Regulation 101 makes it an offence to use a motor vehicle which emits any smoke, visible vapour, grit, sparks, ashes, cinders or oily substance so that damage to property or injury Of danger to persons is caused or is likely to be caused. The emission of smoke is the element of most interest to fleet operators and it should be noted that in cases of this kind the prosecution must prove damage, injury or danger.
Danger is most likely to be caused by the smoke coming from an exhaust to be so dense as to obscure the vision of drivers wishing to overtake the offending vehicle. Damage could be caused if a lady's dress was soiled by a particularly black oily exhaust.
Tidswell v Llewellyn (1965) Crim LR 732 is an unusual case in that the emission of oil formed the subject of the charge. Evidence was given that oil gushed from the hydraulic ram of the tipping mechanism of a lorry while it was on private premises; later the escaped oil dripped from the chassis and under parts of the lorry onto a road.
It was held there was an "emission" which continued while the lorry was used on the road. Presumably the danger in this case was that the oil on the road made it likely that other vehicles would skid.
Regulation 34 of the C and U Regulations requires that all vehicles first used after April 1, 1973 fitted with compression ignition engines shall conform to the British Standard concerning the opacity of the exhaust gases emitted by the engine. Regulation 102 makes it an offence to use a vehicle to which Regulation 34 applies if the fuel injection equipment, the engine speed governor or any other part of the engine has been altered or adjusted so that more smoke is emitted.