Woodfi nes Solicitors
Take a load off your mind – a legal update
Mike
Hayward Head of Regulatory & Dispute Resolution Woodfi nes Solicitors
T e logistics industry plays an important role in keeping the UK economy moving, ensuring the seamless fl ow of goods carried across supply chains, from manufacturers to consumers. It supports key sectors such as retail, construction and e-commerce, adapting to changing market demands, and supporting economic stability and growth across the nation. The sector is well-established and highly regulated,
however, sometimes things do go wrong so it is often the case that we are ‘parachuted’ into a business when this happens, and a client is facing criminal or regulatory enforcement. None more so than the safe loading of vehicles. Vehicle loading is tightly regulated for good reason:
safety. T ese laws are in place not just to avoid penalties but to protect lives. T is article serves as a practical guide for drivers, operators, fl eet managers, and those involved in loading vehicles.
Whose responsibility? Responsibility for safe loading doesn’t fall solely on the driver. Anyone who causes or permits a vehicle to be used in an unsafe condition like a fl eet manager or business owner can be held liable.
In these cases, a person can be guilty of an off ence if the
vehicle or trailer is being used on a road when a problem arises with: ■ The condition of the motor vehicle or trailer or its accessories or equipment
■ T e purpose for which it is used ■ T e number of passengers carried by it, or the how they are carried
■ T e weight, position or distribution of its load, or how it is secured.
T e law is a catch-all for any form of situation involving
a motor vehicle or trailer that could be seen by law enforce- ment (the Police, the Driver and Vehicle Standards Agency or the Health and Safety Executive) as a danger or injury to any person. Importantly, they don’t have to show that injury was caused, but that it poses a risk.
What are the penalties? Penalty points and a fi ne for the driver can follow, as well as an unlimited fi ne for the company, however, you should not just adopt your road vehicle policy to avoid the pen- alties or fi nes. The consequences of a vehicle being dangerously
loaded could lead to a serious incident, leading to an investigation into dangerous driving or causing serious injury or death by careless or dangerous driving. It is not a case of dealing with fi nes or penalty points but instead a risk of a custodial sentence.
LOGISTICS & WAREHOUSING
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