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ANY QUESTIONS?
Page 35
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WEIGHTY PROBLEM
QWe have 325 trailers which are pulled with sub-contractors, but for MoT purposes and transporting trailers for repair we have two tractor units de-rated to £100 road tax and virtually going only to and from the MoT station in an unladen condition. The test station has complained, about the triaxle especially. They want a load on this trailer. Could we, with the down-rated road tax, use the tractor to and from a test station with a load just for test purposes only? This is a grey area and the police reckon we would have to have the full road tax for the unit. The load would be taken from, and brought back to, our own depot for load purposes only.
JR. Northern Ireland /—‘ A The simplest way around
this is to find out from the test station how much weight they want — normally this requirement is to test the loadsensing valve and peripherals. Once you have established the
weight factor, use concrete test blocks of, say, one tonne each (manageable by forklift) and you are clear. The other alternative is trade plates but the regulations governing trade plates state you cannot carry goods while using them and so I think that you would be safer with blocks. Properly fixed, of course.
LICENCE ANOMALY
QWhy do the Licensing Authorities only require a CPC holder for a Standard Licence and not a Restricted Operators Licence?
JS, Devon AIt is not the Licensing Authorities who lay down the requirements but the Secretary of State for Transport.
MISCONDUCT
QAs a responsible haulier with over 150 tractors and trailers, we issue our drivers with Codes of Practice and company policy. Clause 4 of Chapter 2 says: "You will at all times inform the fleet engineer or his assistants immediately upon discovery of a defect which would endanger the safety of the vehicle or yourself. If this is at night you must contact the Central Security number who will then contact the appropriate person. Do not move the vehicle until you are contacted."
All our vehicles are fitted with phones. Last month a driver rang us at about 17:45 to say the brakes on his trailer were defective. He was 200km (130 miles) from the operating centre on a car park just outside a small town. The duty engineer told the driver to stay put overnight (sleeper cab) and a repair unit would be with him at 06:00hrs the following morning. They turned up but there was no sign of the vehicle. The driver had started to return to base but had been stopped by the police about 90km (60 r 1114714 miles) from the depot.
We are now being prosecuted for using a vehicle on the road with defective brakes. Two questions, do we have a defence and what do we do with the driver?
LB, Manchester AFirstly, you have no problem with the driver as you can dismiss him. His actions would be seen by a tribunal as gross disobedience and dangerous. You must point out to him, in writing, exactly why he is being dismissed. The load value etc could be mentioned alongside the danger in which he placed the general public.
Unfortunately, the offence of -using a vehicle on the road with defective brakes is an absolute offence and you, as the owner, are the user. I would hope that given a good mitigation you would receive an absolute discharge.
OWNER-DRIVER
QAn an owner-driver with a 32-tonne tipper I only work for one company. I was told by a friend that the company should pay my income tax, etc as really I am not selfemployed.
JH, Limpool AIf you are not running the vehicle as a business, ie the company pays for fuel, road tax etc, you would be an employee and, therefore, your friend is correct. However, if you invoice the company for the use of your vehicle or by load etc, then you are selfemployed and you must pay your own tax.
FOREIGN TYRES
QWhen my Continental driver returned from Germany he reported that he had had two simultaneous blow-outs. He got a local tyre firm to put on two new tyres. Three weeks later in a roadside check near Warrington, a Vehicle Examiner told our driver we would be re ported for the offence of using illegal tyres although there is absolutely nothing wrong with them. What does he mean?
RH, Swindon PAA The only thing I could think of is that you have been supplied with tyres that are not 'E' marked as per Regulation 30 of ECE. It is actually illegal to supply and, knowing the German authorities attitude to this, I would write to: Der Bundesminister Fur Verkehr, Postfach 20-10-00, Kennedyallee 72, 5300 Bonn 2, telling them where you got the tyres and enclosing photographs of the side wall printing.
ACCIDENT CLAIM
QLast year we had a bulk tipper turn over at a landfill site. The driver was unhurt but a vehicle belonging to the site operator was demolished. We maintain that the vehicle capsized because the floor of the site was not compacted properly and, therefore, not our fault. Your opinion, please. PF, Surrey.
AAs there was no injury it would seem unlikely that this accident would have been reported to the Health & Safety Executive_ It is my opinion that they would be the only official body to determine the cause. Even then if they came down on your side, I would think that the terms and conditions of use of the site laid down by the operator would state that you use the site at your own discretion and with no claim against them. It may, therefore, relieve you of the responsibility of paying for their vehicle.