At what point and what defects can I refuse to drive a truck out my yard please ?
It’s a bit how longs a piece of string - but basic road worthiness and safety being the main guidelines.
What you found?
I have multiple abs,eab lights,air leaks,my cab won’t sit level so I cannot see my near side!!.
Really? Whilst the truck is getting repaired I suggest you use the time to some sort of course on basic roadworthiness. On the off chance that you are actually serious, I was actually being serious! This is the sort of Bobby basic stuff that you should know as a pro driver, and I don’t care if you say nobody has taught you, the onus is on you to become conversant with any legislation that affects you.
This is the problem!!,my truck isn’t getting repaired!.i know some stuff you can get pulled on!,some stuff you can get repaired at a later date as such.
I want to know that if I refuse to take the truck out,what “legal” grounds do I have as the company will suspend me pending investergation.
And no…I don’t need to do any course on road worthiness as I’m ex diesel fitter and 20 yrs on European class one!!.
So don’t treat me like I’ve just passed my test!,I am asking about the legalities.
I give up.
It’s your license not theirs , if you can’t see your near side due to cab leaning don’t take it
Do you work for a multi national company ?
I’m in a small company that has been taken over by a larger one,so we are getting all the corporate and h&s and hr at the moment.
All I wanted to know was the legalities.
smallp:
I’m in a small company that has been taken over by a larger one,so we are getting all the corporate and h&s and hr at the moment.
All I wanted to know was the legalities.
Ok, maybe I was a tad harsh with my original response. I assumed that by legalities you meant from an enforcement point of view and not from an employment point of view, if that’s the case then I apologise.
So moving onto how you stand from an employment perspective it again is quite simple; you cannot under any circumstances be forced to take an unroadworthy vehicle onto the highway. Take note however that the tricky bit is that what is actually unroadworthy and what you consider to be unroadworthy may constitute two different things. Having said that and given your previous fitter experience you are probably in quite a strong position to refuse the vehicle. Any employer punishing you for this lay themselves wide open to charges of unfair/constructive dismissal which although you will no longer have a job with them also leaves you in a potential financial win position.
Personally if I was in your position and given what you wrote about the new Co and h/r and h&s policies I’d be very tempted to use their own policies as a stick to beat them with. I have done this to bolshy H&S bods countless times in the past, and done cleverly it leaves them with absolutely no grounds whatsoever to censure you.
Failing that, it sounds like a ■■■■ Co tbh, so I’d be tempted to walk anyway.
The legalities of it are simple. You can’t take a truck on the road, in the knowledge it would fail an MOT. And what’s better is you company cannot make you either.
If you are the pro you say you are ■■■■■■■ man up and tell them simply and concisely, why it is not road legal and get it bloody fixed.
Equally if they won’t, you won’t have a problem getting a job with a decent outfit…
F-reds:
The legalities of it are simple. You can’t take a truck on the road, in the knowledge it would fail an MOT. And what’s better is you company cannot make you either.If you are the pro you say you are [zb] man up and tell them simply and concisely, why it is not road legal and get it bloody fixed.
Equally if they won’t, you won’t have a problem getting a job with a decent outfit…
I suggest you take photo’s of the faults on your mobile phone just to cover yourself and you have proof ?