commercial vehicle questions

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Loading and unloading regulations, seatbelts in vans and working time regulations for van drivers — by Murdo Maguire — last modified 2007-02-13 07:32

I work as a delivery driver. I delivery groceries from the supermarket to peoples homes typically averaging about 10 drops over 20-40 miles in a run of about 3 hours plus about an hour for loading. I drive in a normal Transit style van not a HGV class vehicle.I would like to know if it is a legal requirement to wear a seat belt for someone in this job, sometimes drops are very close (same estate) but other times 10 miles apart or more. What is the legal position for parking? I often make deliveries in tight narrow terraced housing areas and occasionally have to block the road to do the delivery or park over driveways or on double yellows (annoyingly we've also just got a red route plonked outside a customer who fortunately had a usable drive). What is the legal position for rest breaks for me? And anything else you think I should be aware of?

Company cannot identify driver to name on Notice of Intended Prosecution — by Murdo Maguire — last modified 2007-02-12 10:21

We are a small limited company with quite a few vehicles and drivers and have just been issued with a NIP for speeding 36MPH in 30MPH limit. I cannot identify who was driving and nobody will take responsibility. What would you suggest I do?

Notice of Intended Prosecution for two offences in close succession — by Murdo Maguire — last modified 2007-02-07 07:37

We are a very small transport business and we have just received a Notice of Intended Prosecution for one of our vehicles that was speeding - doing 50 in a 30 mph area. The driver of the vehicle is 17 passed his test 6 months ago. Four days later we got another NIP for the same vehicle doing 66 on a motorway that had restrictions due to roadworks at 50 mph. Fortunately the 17 year old worker has not committed both offence. Can you tell me what the likely outcome of each incident will be (with regard to fines & points etc) and also the implications if the 17 yr old had committed both offences.

Switching off engine when driver leaves vehicle — by Murdo Maguire — last modified 2007-02-07 06:32

I am a refuse driver for my local council and they have just brought in a rule that no driver is permitted too get out of their lorry to help load refuse into the back of the truck without turning the engine off first. Is there a law that states this or are they making iit up ?

Hit by foreign lorry who left scene but insurers deny liability: who can I sue? — by Murdo Maguire — last modified 2007-02-01 12:39

I was hit on the M25 by a German lorry in April last year. He did not stop, but I was able to pursue him and phone the police who stopped him. All details were exchanged and the police completed the necessary paperwork. I sent this to my insurance company who have finally reported to me that the MIB appointed Royal Sun Alliance to deal with the case on behalf of the German insurer. Royal Sun Alliance have denied liability. I want to sue the German driver/owner in the Small Claims Court in England. Question 1 - can I serve the Claim on Royal Sun Alliance? Question 2 - If so and I win, can I enforce the judgement against Royal Sun Alliance? The insurers mentioned Section 151, but did not know what the statute was. Many thanks for your assistance.

Notice of Intended Prosecution served beyond 14 days on company driver — by Murdo Maguire — last modified 2007-01-11 09:29

My work today informed me that the company van I drive was caught speeding on the 5th December 2006. I do not dispute this nor the fact that I was the driver. On receiving the letter the Notice of Intended Prosection is dated 2nd Jan 2007. Surely this cant be proper procedure as the prerequisite 14 days has expired. Can you advise me?

Foreign lorry fails to stop at accident scene: how do I proceed with damage and personal injury recovery? — by Murdo Maguire — last modified 2007-01-11 07:57

My son recently had an accident on the M4 when a lorry hit him on the nearside rear wing/bumper. He has suffered minor whiplash and his car is damaged. There was a witness to the accident. The lorry drove off despite my son following for a short distance and flashing his lights. The lorry was apprehended by the police approximately 80 miles eat of the incident. The driver was foreign (Polish, we understand) and the police have notified me of his name and insurance details (in Poland). They do not intend to prosecute the driver and the lorry was only inspected superficially before being allowed to proceed. The driver could not speak English and neither admitted nor denied that he had hit my son's car. The registration was foreign, albeit the trailer was a British based international haulage company. I am considering engaging a solicitor on a no win no fee basis. My question is: what is the likelihood of winning an action against the driver, and if the chances are good, what are the chances of receiving compensation? If we are successful, but do not receive payment, am I liable to pay my solicitor?

Whiplash claim for injured bus passenger — by Murdo Maguire — last modified 2007-01-03 06:54

I was recently in an accident in which I was travelling on a double decker bus. On going round the roundabout I was flung forward as I was sitting on the front seat at the top deck and hit my head against the bar. I have discovered a car had pulled in front of the bus through three lanes of zooming traffic and the bus had hit the car's back bumper quite hard. We were not allowed off the bus until the police arrived and the policewoman took my details and the fact I'd hit my head and told me to go to hospital. I later developed a stiff neck and had recurring headaches and suffered vomiting and was diagnosed to be suffering from whiplash. Am I eligible for compensation?

Compensation for voluntary worker injured delivering food — by Conrad Murray — last modified 2006-12-20 14:37

I am semi retired but worked as a voluntary delivery driver delivering meals on wheels. The vehicle was a small van with racks for trays but no bulkhead and was donated to the small voluntary group which delivers the food on their behalf by social services. I recently was making a delivery and had to brake suddenly to avoid a child which caused two of the trays containing hot food to dislodge and come forward coating the back of my neck with hot sauce. I received burns and have not worked for them since. Do I have a claim against the social services for causing my injury while undertaking the work on their behalf?

Van fleet question: unable to claim against legal expenses insurance — by Conrad Murray — last modified 2006-12-20 09:57

One of our company vans was parked outside the driver’s house recently when it was hit by another vehicle apparently at some speed. As apparently the accident was caused by a tyre blow out, our legal expenses insurers tell us we haven’t got a claim. Can this be right? DP, Taunton

Fleet operator question - late reporting of accident cuts loss of profit claim — by Conrad Murray — last modified 2006-12-20 10:00

My company has a small fleet of vehicles and industrial equipment which is hired out. Recently one of our articulated trucks was involved in a serious accident which badly damaged the trailer and the equipment which it was transporting to a customer for hire. Our vehicles have Third Party Fire & Theft cover. For reasons I don’t really understand, the claim was only reported to the other driver’s insurers about six weeks after the accident although we notified the brokers on the day after. This means that we cannot recover any loss of profit (a little over £100.00 per day) for the first five weeks although the other driver’s insurers agreed our daily loss of profit for the period after they had been notified until they paid us about a month later. PTS, Hull

Fleet law question: Ability to recover RFT fees — by Conrad Murray — last modified 2006-12-20 10:01

My company hires vehicles frequently after accidents and sometimes we get charged an “RFT fee” and sometimes we don’t. I’m told we can’t recover this. Why and what is it? GF, Canary Wharf, London E14