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Who is liable for being overweight, driver or builders merchant?

Posted by Nick @ NM Garden Services Ltd on July 30, 2010 at 9:44pm
I saw a 3.5t Transit being loaded with 4 pallets of block paving today (about 1.1t each) at the builders merchants, This would make him more than 3t overweight and even overweight if it was a 7.5t truck! His truck should allow for 1 pallet and perhaps a few cheeky bags of dust (although this would also probably result in him being slightly over weight).I was wondering if the builders merchants would be jointly liable in the driver being overweight in the event of an accident as it was their forklift and driver who did the loading?I take my loads and weights seriously and watching this left me somewhat worried!-Nick
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Replies

  • Dan Frazer Gardening July 30, 2010 at 9:50pm
    No, it would be the driver's responsibility. Who put the stuff there has no obligation to keep within the weight limit of the vehicle!
  • Nick Donaghey @ Garden Gurus July 30, 2010 at 9:50pm
    Absolutely the driver. Full stop. Managed a landscape supplies yard as part of a garden centre; we delivered on 32 tonner flatbeds with Hi-abs which were occasionally stopped by the police and it was always down to the driver as to his load (not that they were ever overweight of course!
  • Steve Sonic Grounds Maintenance July 30, 2010 at 9:51pm
    My opinion is, in the eyes of the law, if that overweight driver got caught, then its the drivers responsibility to ensure he has a legal van and load. If it is not a safe, legal load then he should not be driving the van.
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    Nick @ NM Garden Services Ltd July 30, 2010 at 10:02pm
    I agree but the builders merchant clearly knew he was overweight (advised him not to take the load) but loaded him anyway. Does this not make the merchant jointly liable in some way?
  • Nick Donaghey @ Garden Gurus July 30, 2010 at 10:11pm
    Not legally. I guess it would be a minefield to prove liability of the loader when the driver is stopped on the road.

    NMGS said:
    I agree but the builders merchant clearly knew he was overweight (advised him not to take the load) but loaded him anyway. Does this not make the merchant jointly liable in some way?
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