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FoUl
the dri ver to d off'
HESE DAYS we even have phones and CB radios in the cabs of many heavy goods vehicles. We're in the space age, approaching the next millenium, and things are changing quickly, but not so fast, perhaps, on British Rail.
An Inter-City train in which I was in the carriage next to the guard's van stopped around three quarters of a mile outside Euston. After some time there was a loud knock on the guard van door. The guard opened the door in the blackness and had a short conversation: he returned to his cabin and announced over the loudspeakers that the train in front had "failed" and there would be a short delay.
Why in this age should it be necessary for a BR man to walk out to tell the guard why the train had stopped? I wonder if those who increasingly advocate the use of rail to carry freight have ever seriously addressed themselves to the chances that goods will arrive at their due destination.
That is, of course, a very unfair comment, but, rather more seriously, I would have thought that modern passenger trains achieving increasingly shorter journey times would be better equipped.
I try, from time to time, to record occasions when I am surprised by the service that is provided. My experience with motorway recovery services in the past has been less than good. I, like many of us, have one or two horror stories. However, when my car broke down, southbound, just as I got onto Newport Pagnell services, where I
intended taking a coffee break. I suspected a failed coil. I am not the most reliable mechanic. I was directed to Cowans recovery services on the northbound side (a 24-hour service). It was quite late at night but the firm operates. The mechanic was super. He suggested alternatives and then diagnosed, correctly, damp.
The mechanic could easily have sold me a coil. He had one in and I was clearly quite prepared to pay for one to be fitted. As it was, he saw that the car started and ran smoothly, wished me a safe journey, and I was on my way much encouraged by the help I had received.
Ah yes; turning to heavy goods vehicles I have a novel little tale this month which is, I fear, likely to become more important.
One of my heavy transport clients was moving a load which required a "statutory attendant". They had with the vehicle a young man of about 17 years; old enough, among other things, to hold a motorcycle licence.
A police officer stopped the vehicle and expressed the view that the "statutory attendant" had to be over 18. It seems, but I may be wrong, that it is this one police officer who is running this particular campaign based on some reference to European Community legislation. It is my view, and this is not really relevant to this story, that he has confused EEC legislation with domestic rules. I can find no EEC reference to a "statutory attendant" a title that only appears in the Special Types General Order. The requirement is that a statutory attendant should be competent and I see no reason why a 17-year-old should not be able to watch a large vehicle to go slowly round a corner.
More seriously, however, the officer directed that the vehicle be parked up until a replacement attendant could be found. I was contacted quite late in the evening and no amount of persuasion could cause the police to change their view; the vehicle, they said, must stay where it is until an attendant was found. All very costly, as you will appreciate.
The police have no power to stop the vehicle moving in those circumstances. There would only be a possible arrest if they could say that there was doubt about the identity or address of the company or its staff. In this case the company is reputable and well known. The offence, if there is an offence, which I doubt, is a summary matter triable only before magistrates. There was no complaint about the condition of the vehicle or its load.
I advised the company to tell the driver to drive off, and that is what he did. I did wonder if there would be a cluster of flashing blue lights at every junction my clients, who trust me, of course, made contingency arrangements in case they were arrested. All went well.
It may well be that, in due course, a summons will be served on the company and driver; I would hope that a little thought might prevent that, but we shall see. My concern arises from the fact that, in many cases, the haulier would have accepted the police direction with the invitable delay and cost.
There are circumstances in which a police officer might prevent a vehicle moving, but they are, curiously, very limited. It may well be that, as is contemplated, police officers will be given greater powers to prevent vehicles moving and it would, I suspect, be difficult to argue against that.
My concern is, as I have said before, that only a few officers understand the detail of transport and it will do nothing for the relationship between the haulage industry and the police if vehicles are being stopped at the whim of a police officer who misunderstands what he sees. At this stage I merely advise anyone faced by a direction that a vehicle must not move to take urgent advice.
I have yet another disturbing tale of overloading. A company has a split weightbridge on its own premises and all vehicles are weighed out. Additionally, as a large notice on the bridge reminds drivers, they are to "Check their axle weights". On this occasion, the driver checked his gross weight, which was legal, but decided not to bother with his axles.
The magistrates fined both company and driver and I advised that we appeal the case to the Crown Court. It seemed to me that no one could do more than provide an axle weighbridge and instruct drivers to use it; indeed, it still seems to me that that must be right.
The judge listened to the case and was referred to all the recent decisions which suggest that an absolute discharge should be given. He was sympathetic. He would only reduce the fine (the result was that the company was fined £150 which was less than the fine imposed on the driver.) He said that, in his view, however, the duty imposed on the haulier was effectively ABSOLUTE. Happily, other Learned Judges disagree; it is, however, alarming that any judge should take the view that mitigation in this type of case cannot produce an absolute discharge.