If an employee operates a van, has a licence but has never been trained on the correct use of the van including it's weight limits, and is stopped by the police overweight, who is legally responsible? and who is going to suffer in the courts??
2006-06-09 09:44:33 · 6 answers · asked by GARETH P 1 in Politics & Government ➔ Law & Ethics
CHEERS FOR THE ANSWERS,
more detail.
I'm the employee, i'm not a professional driver, i was sent to collect a load of office stuff, filing cabinets mostly, i helped load the van (Vauxhall movano) we didn't fill it, i drove it back and was stopped, weighed, and found to be over weight.
I've never had any training or instruction given to me by my employer on the correct use or operation of the vans and i didn't think i'd overloaded it. i didn't even know there was a weight limit on the van, the copper had to find the axle weight plate.
what i need to know is am i responsible, and when i go to court am i going to get hammered, or should me employer be taking the responsibility????
2006-06-10 21:10:13 · update #1
As with all aspects of the law, ignorance of the law is no excuse. It is always the drivers responsibility to make sure that he is driving within the means of his licence. Unfortunately this extends not only to the weight of the vehicle once loaded but also to the general condition of the vehicle, I know of people who have been threatened with the loss of their job if they didn't take an unroadworthy vehicle on the road and have been caught!! The van driver will always be the one on the sharp end of the judgment in these scenarios. Is mighty unfair considering the potential for 'undue influence' from the employer but the law is a tough nut!!!
Interestingly though the weight limits set are detailed in ones driving licence and not according to a particular van, manufacturers publish this information as a guide - as far as I am aware at a ny rate. This does not mean ignore manufacturers advice it merely throws doubt on the need for training on a vans weight limit although I would have thought that this informaation would have been available at any rate as a company is likely to want to look after an asset as sizeable in value as a van.
2006-06-09 11:16:09 · answer #1 · answered by ligiersaredevilspawn 5 · 1⤊ 0⤋
No offence to you , but it makes me angry when these companies think they can throw any car driver behind the wheel of a van. There is a big difference between a car driver and a "proffessional" driver .....the latter (myself included) would easily recognise from the outside of the vehicle if it was overweight or have incorrect load positioning . If there was any doubt it would be obvious as soon as the vehicle was driven. Aside from the legalities a van(even correctly loaded) in the hands of a non professional driver is a lethal weapon.I have witnessed this my self with young guys who look young enough to have only just got their licence and think they are driving sports car. The onus is on the the employer to employ the right people...trouble is the right people must be paid the right money...they don't want to do that...and at the end of the day they will save their own *** and up urs.
2006-06-09 22:34:00 · answer #2 · answered by ? 1 · 0⤊ 0⤋
The operator is responsible for the van and any citations associated while being in control of the vehicle. If your employer is breaking vehicle and traffic guidelines for weights by having you haul over the limit and you get a ticket for it you will be the one responsible. Some employers tell their drivers they will pay any fines associated with tickets but the driver is the one who will suffer in the long run by having points added on to his/her driving record. This means insurance premiums will go up and eventually you could lose your license. The only recourse for the driver is through civil litigation which would probably mean losing the job all together. Drive within your weight limit.
2006-06-09 11:00:41 · answer #3 · answered by okchico 3 · 0⤊ 0⤋
Ignorance is no defense in law. Therefore the fact that you didnt know there was a weight limit is irrelevant. Your employer will probably be found to be vicariously liable. Unfortunately your employer will be liable IN ADDITION to yourself. What the courts will need to establish is first off, whether you are infact an employee. They will use the 'Control test' (set in the case of Ready Mix Concrete v Minister of Pensions). They will establish (no prizes for guessing) that the employer has an element of control over you. They will probably establsh this through you being on their pay roll etc. Then they'll look at how you were working (whether you were acting in the course of your employment/ doing what you were meant to be doing.) Ie whether the act was authorised etc. So unfortunately I think that both you and your employer will be liable.
*I AM NOT A PROFESSIONAL SOLICITOR/ BARRISTER, MERELY A STUDENT. This is not legal advise. I am merely trying to apply what i have learnt to real situations, and maybe at the same time help point somebody in the right direction (and maybe make myself look clever aswell!!)
2006-06-12 11:46:35 · answer #4 · answered by Master Mevans 4 · 0⤊ 0⤋
The Driver should know whats right ...but if they (the company) overloaded u and sent u on your way then your boss should pay the fine if u got 1
2006-06-09 09:48:35 · answer #5 · answered by gimmieswag 5 · 0⤊ 0⤋
Your company should have all of that information in the car or van for just that reason and if you are on the clock for them they are responsible as far as I know.
2006-06-09 09:51:16 · answer #6 · answered by Gabe 6 · 0⤊ 0⤋