Non Roadworthy Ag Vehicles

[Lincoln75]

Ok so I hitch an unroadworthy trailer on it and cause and accident

Youd then be in breach of the hire terms (never seen a hire car with a hitch anyway) , so in this case its possible both the tractor and the trailer hirer / supplier are liable because they both knew what the drivers intentions were .

Who supplied the dolly converter.?

 

[smcapstick]

Youd then be in breach of the hire terms (never seen a hire car with a hitch anyway) , so in this case its possible both the tractor and the trailer hirer / supplier are liable because they both knew what the drivers intentions were .

Who supplied the dolly converter.?

Are you mad?

 

[Henarar]

just been told what really happened so will say no more about it

 

[Lincoln75]

Are you mad?

Not as mad as you if you cant see its not a simple case , four parties involved, farm worker, tractor supplier, trailer supplier and the victims.

 

[Lincoln75]

just been told what really happened so will say no more about it

So why not tell us ? the court transcripts will soon be available anyway.

 

[Doing it for the kids]

Can you share?

As others have said if owner of tractor was asked by culprit if he could borrow it I wonder how liable he could be for the loan - so long as the tractor was safe what is hitched to it is down to the the driver?

Equally, the seller most likely said sold as seen, how it was taken away is surely down to the driver?

 

[Lincoln75]

Can you share?

As others have said if owner of tractor was asked by culprit if he could borrow it I wonder how liable he could be for the loan - so long as the tractor was safe what is hitched to it is down to the the driver?

Equally, the seller most likely said sold as seen, how it was taken away is surely down to the driver?

Indeed , the facts should prove useful and interesting for many on this forum.

RE Sold as seen , thsi is not acceptable in the motor trade .

 

[smcapstick]

Not as mad as you if you cant see its not a simple case , four parties involved, farm worker, tractor supplier, trailer supplier and the victims.

The fundamentals of the case are that simple. It's the driver's fault.

 

[Lincoln75]

The fundamentals of the case are that simple. It's the driver's fault.

You know that to be fact and that no one else is liable or you are just assuming ?

 

[smcapstick]

You know that to be fact and that no one else is liable or you are just assuming ?

Why are you being bitchy about it?

If somebody buys a shonky trailer and borrows a tractor to collect it, it's simply not the tractor owner's fault if the shonky trailer causes an accident.

You don't need to be a QC to know that. You just need to be educated to primary school level.

 

[startinghandle]

on a slightly different note,... a local contractor bought a tri axle low loader arctic trailer that had been purpose built to carry forklift trucks and he got his mate to convert it to be towed by tractor, I have seen it , the body has been shortened but it does not look right somehow. it will carry an excavator but he has had problems with tyres bursting when turning tight corners with a big load of bales.. would the guy who did the conversion be responsible if an accident happened because of the trailer??

 

[Lincoln75]

Why are you being bitchy about it?

If somebody buys a shonky trailer and borrows a tractor to collect it, it's simply not the tractor owner's fault if the shonky trailer causes an accident.

You don't need to be a QC to know that. You just need to be educated to primary school level.

You clearly need to do a bit of reading up yourself, the farmer would/should have asked the driver what he was going to use the tractor for to ensure the driver would be covered by his insurance as I very much doubt the driver had his own insurance....now can you see where I`m going with this?

 

[Lincoln75]

on a slightly different note,... a local contractor bought a tri axle low loader arctic trailer that had been purpose built to carry forklift trucks and he got his mate to convert it to be towed by tractor, I have seen it , the body has been shortened but it does not look right somehow. it will carry an excavator but he has had problems with tyres bursting when turning tight corners with a big load of bales.. would the guy who did the conversion be responsible if an accident happened because of the trailer??

A whole can of worms, it depends what the receipt for the trailer said and what the trailer builder said it was for.

And of course CE approval may be needed , more regs "When you buy or hire machines, the law requires the supplier to provide necessary safeguards."

 

[smcapstick]

You clearly need to do a bit of reading up yourself, the farmer would/should have asked the driver what he was going to use the tractor for to ensure the driver would be covered by his insurance as I very much doubt the driver had his own insurance....now can you see where I`m going with this?

OK - that's an interesting point.

In such a case, the driver is still 100% responsible for the accident. The tractor owner, however, may be liable for additional action for supplying a machine without the relevant insurance (or whatever). No blame is to be taken away from the driver.

Deal?

 

[Lincoln75]

OK - that's an interesting point.

In such a case, the driver is still 100% responsible for the accident. The tractor owner, however, may be liable for additional action for supplying a machine without the relevant insurance (or whatever). No blame is to be taken away from the driver.

Deal?

Agreed , no blame taken away from the driver .

Try and hire chainsaw without being able to produce an operators certificate , generally you cant but you can buy one no questions asked as when you own the machine you are liable.

 

[betweenthelines]

The driver is solely responsible for taking unsafe kit on the road. He can decide not to do it.

Other people-employer/machine owner etc. may have some limited responsibility but it's the driver's decision to go on the road.

It always amazed me when I was running a transport operation, how drivers were so willing, to take illegal kit (eg headlight not working,) on the road because they "wanted to get on, were busy" etc despite repeatedly being told not to take unfit vehicles out. I even had one guy go out with a truck with the front wheel only secured by three wheel nuts!

 

[smcapstick]

The driver is solely responsible for taking unsafe kit on the road. He can decide not to do it.

Other people-employer/machine owner etc. may have some limited responsibility but it's the driver's decision to go on the road.

It always amazed me when I was running a transport operation, how drivers were so willing, to take illegal kit (eg headlight not working,) on the road because they "wanted to get on, were busy" etc despite repeatedly being told not to take unfit vehicles out. I even had one guy go out with a truck with the front wheel only secured by three wheel nuts!

I don't get that, either - they're on the clock, so it makes no difference if they're rolling or not.

I think some just like to be seen as a 'grafter'.

 

[Daveh]

Agreed , no blame taken away from the driver .

Try and hire chainsaw without being able to produce an operators certificate , generally you cant but you can buy one no questions asked as when you own the machine you are liable.

That point actually got me thinking. I've hired no end of diggers over the years and no one has ever asked if I'd even driven one before.

 

[Henarar]

you can have a tractor on demo they don't check that you insure it or what you going to do with it

 

[czechmate]

you can have a tractor on demo they don't check that you insure it or what you going to do with it

We has to insure the tractors we had in Demo