Harry Monk:
If you are driving a standard sized truck on a road with no height restriction marked and you hit and dislodge an overhanging branch so that it falls into the road, have you committed a road traffic offence?
No, but when I was training, I was told in no uncertain terms by my instructor NOT to hit any on my test
This time of the year the trees and general foliage have put in a spurt of growth, so sharp contact btwixt truck and tree is virtually inevitable. I believe though, that the owners of roadside trees/hedges have a legal obligation to make sure that foliage doesnât obstruct the roadway, usually enforceable by the local council.
Biscuits:
I reckon if it caused an accident (or could of caused an accident), if the branches were much lower than than your vehicle, if they were clearly visible and you took no avoiding action, a canny copper might attempt to give you a âwithout due careâ.
The argument would be be that, even if someone else has a responsibility to cut the branches, you have a responsibility to look at the road ahead, and know your vehicle height. I reckon youâd be unlucky though.
we work on the same principle as mutley,any damage to cars on a major road by a tree branches less than 16ft,and we bill the council or occupant for any damage to cars.we also carry sheets we fill in and send back to office with details of the location of low trees on routes to dealers,and we can ring the office who will in turn ring the council and ask for the trees to be cut back asap.but some deleveries are strictly bottom deck only.we often have to do a bit of âtree dodgingâ.our old company used a converted transporter and employed to blokes to go out during the night all over the country trimming trees ourselves.
the trouble is biscuit,i do know the height of my vehicle all of the time,and i know where low bridges are thanks to my bridge height map book,but knowing the height of every given tree on every british road is definatley not within any drivers capabilities.
buck rogers:
Biscuits:
I reckon if it caused an accident (or could of caused an accident), if the branches were much lower than than your vehicle, if they were clearly visible and you took no avoiding action, a canny copper might attempt to give you a âwithout due careâ.
The argument would be be that, even if someone else has a responsibility to cut the branches, you have a responsibility to look at the road ahead, and know your vehicle height. I reckon youâd be unlucky though.
we work on the same principle as mutley,any damage to cars on a major road by a tree branches less than 16ft,and we bill the council or occupant for any damage to cars.we also carry sheets we fill in and send back to office with details of the location of low trees on routes to dealers,and we can ring the office who will in turn ring the council and ask for the trees to be cut back asap.but some deleveries are strictly bottom deck only.we often have to do a bit of âtree dodgingâ.our old company used a converted transporter and employed to blokes to go out during the night all over the country trimming trees ourselves.
the trouble is biscuit,i do know the height of my vehicle all of the time,and i know where low bridges are thanks to my bridge height map book,but knowing the height of every given tree on every british road is definatley not within any drivers capabilities.
I hear what youâre saying. I was talking about someone belting into low branches that were clearly too low (at, or just above, cab height say) and the falling branches hitting a ped or car. If youâre just brushing stuff with the top of your trailer/load then I canât see there being any chance of having a case to answer because, like you say, thereâs no way of accurately judging if theyâre just a bit too low.
passing a double deck trailer heading to HILL village at south molton the other day just as it went under low branches , like watching the branch in slowmotion as it slid along the trailer roof , become detatched from the tree & fall into my path , i swerved hoping i might get away with a smashed head light & indicators , but even beter than that it only caught & dented my wheel nut trim, nice to see the other driver stop to make sure it hadnât fallen onto the following car
, no he kept going , probably didnât see because his curtains were pulled halfway across his windows
muppet