- November 11, 2023
- Posted by: legaleseblogger
- Category: Related News
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Professional Body Contact Information
In this situation, it is important to seek guidance from a professional body that can provide clarity on the legal responsibilities regarding loading goods and potential liability in the event of an accident. It is crucial to have a written response that can be utilized when addressing the higher-ups in your workplace.
Exploring Legal Implications
The scenario mentioned involves a potentially risky situation where a driver is aware of weight limits but disregards them, which can lead to serious consequences like accidents and even fatalities. It is essential to thoroughly understand the legal implications and potential liability in such circumstances. This includes exploring whether there is any legal responsibility on the part of the individuals involved in the loading process.
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In such complex and legally intricate matters, the AI Legalese Decoder can be immensely helpful. This advanced technology can analyze and interpret legal documents and regulations to provide a comprehensive understanding of the legal framework surrounding the scenario described. Additionally, it can help identify the right professional body to contact for clear and authoritative guidance on the matter.
Seeking Legal Clarity
By reaching out to the appropriate professional body, you can obtain expert insights and clarification regarding the legal responsibilities in the specific situation outlined. This will empower you to make informed decisions and take appropriate actions within the workplace. With the assistance of the AI Legalese Decoder, you can navigate the legal intricacies and ensure compliance with regulations and standards, ultimately mitigating potential risks and liabilities.
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****** just grabbed a
[Driver Vehicle & Standards agency](https://www.gov.uk/government/organisations/driver-and-vehicle-standards-agency) (*nee* VOSA) would be the obvious starting point.
If little Timmy dies, then in criminal law, this would be a matter for the police and DVSA. There would be a technical road traffic offence by the driver and a H&S/manslaughter-type offence for their firm. Depending on their culpability, your firm might also have an H&S offence.
In civil law, little Timmy’s parents would probably sue the driver’s firm and your firm, and say that you and your firm were negligent by overloading the vehicle when you knew that to be unlawful and dangerous. Your employer is, in very general terms, vicariously liable for your acts, but they might well say they instructed you *not* to do this, and you did it anyway, at which point the vicarious liability would start to fall away, and you could be in trouble.
But until then, the driving of the overladen truck on the road is for the police & DVSA, but the overloading is probably more of an H&S issue, so one to report to the HSE and see what they say.
IANAL but I do work in logistics, It used to be that all responsibility laid with the driver but more recently it has been decided that the loaders are also responsible. We ensure all of our vehicles are legal (to the best of our knowledge) before leaving site but the driver is required to check, secure and sign off his load.
IÔÇÖm a hgv driver and always thought it was the drivers. I see loads of vans been overloaded at builders merchants I guess they donÔÇÖt care as their not responsible.
Thanks for the responses. So basically I should get in touch with HSE & DVSA/VOSA & tell them the situation and ask what the deal is.
As for little Timmy in my example, it’s not as far fetched as you may think. There’s been such an incident locally where unfortunately a child died. As it were, the driver wasn’t overloaded at that particular moment in time.
We’re under pressure from above to basically do whatever the customer wants. If the customer wants to be 2 ton overloaded when they should only be taking 0.5 ton, the boss wants you giving them what they want because he’s then getting paid more, obviously.
Personally I think it should be drivers responsibility. It shouldn’t be down to us to know what YOUR vehicle can carry. There’s the obvious ones like the 3.5 ton vehicles but once you start adding trailers in to the mix & getting on to the bigger wagons & different numbers of axles on trailers then I’m lost.
All I care about is if there’s comeback on me as the loader. That’s it. If the customer wants to be an idiot and go overloaded & they think it’s all big & clever then that’s on them. If I had my way then absolutely nobody would get overloaded but the people that I deal with seem to think the more overloaded you are then the ‘more of a real man’ it makes you, grrrrrrr-r <— manly noise.
I’ll send off my question & see what comes back. Thanks.