Load coming off vehicle

[Jasandjules]

Right, I don't know too much about the full story here, but some generic advice would be appreciated.

A friend drives a lorry for a rather c**p haulage company. The load of bricks he was carrying literally fell off the back of the lorry, on a motorway I think he said. The road was closed whilst they sorted it out. Now the officer who spoke to him said he will get a fine and points etc.. at least.

But the accident was about 3 months ago, and he hasn't heard a thing as yet. I know they have plenty of time, but what is the usual procedure here? Should an officer not have taken a statement or something by now? Will they go after him as well as his employer?

Friend is a tad worried, to say the least. 6 Points may mean ban then loss of livelihood and house etc...

[vonhosen]

Jasandjules said:

Right, I don't know too much about the full story here, but some generic advice would be appreciated.

A friend drives a lorry for a rather c**p haulage company. The load of bricks he was carrying literally fell off the back of the lorry, on a motorway I think he said. The road was closed whilst they sorted it out. Now the officer who spoke to him said he will get a fine and points etc.. at least.

But the accident was about 3 months ago, and he hasn't heard a thing as yet. I know they have plenty of time, but what is the usual procedure here? Should an officer not have taken a statement or something by now? Will they go after him as well as his employer?

Friend is a tad worried, to say the least. 6 Points may mean ban then loss of livelihood and house etc...

They don't need a statement from him, it's pretty cut & dried.
Insecure load Reg 100(2) Road Vehicles (Construction and Use) Regulations 1986 - non endorseable,
but
favoured is dangerous condition Sec 40A RTA 1988 which is endorseable.

[Jasandjules]

Cheers Von.

How long is it normally before they prosecute? What is the likely punishment? If a fine on top, how much ? Will the company get any action taken against them or it is fully the responsibility of the driver?

[vonhosen]

Jasandjules said:

Cheers Von.

How long is it normally before they prosecute? What is the likely punishment? If a fine on top, how much ? Will the company get any action taken against them or it is fully the responsibility of the driver?

It is a FPN £60 & 3 points if dangerous condition.

Obviously they aren't going for that & the penalty with goods vehicles is greater.
You say accident, was their somebody hit as a result of it ?

Goods vehicles
Max fine £5000
Obligatory 3 points
Discretionary disqualification

Ultimately it's down to the driver, company can be prosecuted for causing/permitting, but that's obviously harder to prove.

[Jasandjules]

I don't believe any other vehicle was involved, but will check. Fellow is a bit too upset to make much sense talking about it.

3 points isn't the end of the world but a 5k fine would be !!

Thanks for that, will let him know. I cannot imagine why he is still working for the same damn company, but there we go.

Your help is appreciated.

[davido140]

fine will be means tested anyway (as most are), if he doesnt earn much they will not whack him with a 5k fine just because they can, they will give a fine that will sting him but not bankrupt him. He will also be able to pay back in installments (inrest free IIRC) also based on a means test.

[MK4 Slowride]

I was always under the impression no matter what, that the driver was in charge of the vehicle & should have checked the car or truck in this case, before embarking on the journey?

[vonhosen]

MK4 Slowride said:

I was always under the impression no matter what, that the driver was in charge of the vehicle & should have checked the car or truck in this case, before embarking on the journey?

Yep, but if the company also knew that it wasn't safe & yet still allowed it to go out.

[vonhosen]

davido140 said:

fine will be means tested anyway (as most are), if he doesnt earn much they will not whack him with a 5k fine just because they can, they will give a fine that will sting him but not bankrupt him. He will also be able to pay back in installments (inrest free IIRC) also based on a means test.

And must be able to be cleared within 12 months.

[Towie]

MK4 Slowride said:

I was always under the impression no matter what, that the driver was in charge of the vehicle & should have checked the car or truck in this case, before embarking on the journey?

Not always possible. Trailers are often sealed before we get to them. Appreciate it doesn`t really count in this case.

[MK4 Slowride]

vonhosen said:

MK4 Slowride said:

I was always under the impression no matter what, that the driver was in charge of the vehicle & should have checked the car or truck in this case, before embarking on the journey?

Yep, but if the company also knew that it wasn't safe & yet still allowed it to go out.

Working in the motor industry I regularly drive company vehicles people have played with. After a motor show you can guarantee every car has had each button pressed so when you start up (if you don't check) fogs can be on, or when you stop the door opens. I wouldn't want the company I work for to be at a loss if I failed to check. Having said that if it's a load you can't check.

[Sgt Bilko]

Plus the bill for clearing it up, plus the bill from any insurance companies who get claims from drivers who got stuck in the jams as a result and incurred loss of income.

[Jasandjules]

davido140 said:

fine will be means tested anyway (as most are), if he doesnt earn much they will not whack him with a 5k fine just because they can, they will give a fine that will sting him but not bankrupt him. He will also be able to pay back in installments (inrest free IIRC) also based on a means test.

Said person has already been nearly bankrupt in the past, this job was a way to try and make a living.. Which I can only guess is why he is working for such dodgy feckers.

Hopefully in future he will check the load carefully, though I bet his company will complain that he is then taking too long to deliver...

[Dwight VanDriver]

>>>Ultimately it's down to the driver, company can be prosecuted for causing/permitting, but that's obviously harder to prove.<<<<


If the driver was using the vehicle on the company's business then BOTH can be done for 'using' thus ignoring the harder cause/permit.

dvd

[Jasandjules]

Yes it was a company vehicle and on company business. So far no mention of that to my friend. Simply informed he is in the s**t.