i decided to get the waggon i drive weighed and discovered that it was 1 ton over weight so i told my boss and his reply was in not so many words that he wasnt bothered so when i refused to drive it he said it would be him that would be prosecuted not me but idont belive that so he said he would sack me? so iwould love to know where i stand legally
2006-10-02 08:51:36 · 6 answers · asked by harknessalan 3 in Cars & Transportation ➔ Other - Cars & Transportation
Well, as others have pointed out, the driver is absolutely responsible for the weight of a vehicle, but if there is no weighbridge at the depot, there could be mitigating circumstances if the boss says that the vehicle is within the weight limit.
However, the fact that the driver KNEW the vehicle to be overweight, suggest that a weighbridge was used.
The "boss" who used intimidation is guilty of several offences.
Inciting someone to drive a dangerously overloaded vehicle would be a serious contravention of the rules governing those who hold an Operator's Licence, and that gives the driver the opportunity of calling the bluff of his "boss".
There would also be serious repercussions from the insurers of the vehicle, if an accident were to happen, and the cause of the accident could be traced to excessive weight.
Thirdly, no employer may incite an employee to commit an illegal act in the course of his duties, and to do so could be regarded as "Constructive dismissal" by an employee, and a claim made against the employer for loss of earnings, holiday pay and period of notice.
The driver, meanwhile, stands to have points on his licence if stopped by the Ministry of Transport, or if involved in a serious accident when a vehicle is overweight. This could easily lead to an LGV licence being revoked.
Make no mistake, it is a very serious offence to use a vehicle which is overweight, and both driver and operator must do everything within their powers to prevent this happening, in the interests of safety.
In the event that any employer ever threatened me if I refused to take a defective or overloaded vehicle out on the road, I would not hesitate in throwing back the keys and going home again. Indeed, I have done this before today, and I am alive to tell the tale.
2006-10-02 09:40:51 · answer #1 · answered by musonic 4 · 0⤊ 0⤋
In the U.S. The driver is responsible for the weight as well as operation of the motor vehicle. Your fine on your license. Tell the boss to put it in writing that he will fire you for not driving an illegal vehicle. You will be the boss next week after your lawyer gets through with it.
2006-10-02 09:39:18 · answer #2 · answered by dallenmarket 7 · 0⤊ 0⤋
1
2017-01-28 23:41:39 · answer #3 · answered by ? 3 · 0⤊ 0⤋
Do you mean the cargo of the lorry is overweight. You are committing the offence and your boss could be done for permitting. Both offences.
2006-10-02 09:00:36 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Not sure where you are from but if you are in America call D.O.T. They love people like your boss.
2006-10-02 09:13:14 · answer #5 · answered by darlene100568 5 · 0⤊ 0⤋
If you're driving, you're responsible. If you're doing so on behalf of your boss, the boss too..
2006-10-02 09:00:36 · answer #6 · answered by Anonymous · 0⤊ 0⤋