Posted By Andy Cummings Hi all I am aware this has probably been raised on several occasions previously however I would like to know if any one has any information particularly legislation or case law pertaining to the transfer of liability from the driver of a vehicle to a banks man whom the driver is receiving guidance from. A quick summery of the circumstances are main premises owner employs second company to provide logistic staff (Banks men etc) and then leases premise to third party inclusive of logistic staff support, all operations occur in an unrestricted public place reversing a articulated lorry down a dead end street but not on public road. Q. Who would be liable for prosecutions in the event of a major incident (fatality) Driver or Banks man whilst operating under banks mans direction? Q. Is there a transfer of duty of care from the driver or his company to the Banks man or his company when the banks man takes control of directing movements? A bit long winded but quite complicated many thanks for reading please give any advise you think appropriate.

Posted By steven bentham Andy The answer to your therotical questions varies. The main liability rests with the employers [of the crane operator, banksman, and the person killed] all would be considered equally. Individuals also have legal responsibilities and duties. Try a search on prosecutions on the HSE's website under enforcement before you get a 101 different answers from this web-site!!! Steve

Posted By SteveD-M There isn't yet any specific cases of a banksman being held for his or her actions that I am aware of. There are however plenty of cases where the company has had the procedures in place but the banksman was not available and an accident occurred...R v B&Q Plc 2005

Posted By Andy Cummings All Thanks for the responses I shall take all comments on board and also look up the motioned case law this has helped a great deal it is always good to get a measured response from independent persons Many thanks

Posted By Phil Rose Surely the answer to both questions would depends on the individual circumstances of the incident/accident!!!!!! I don't think that there is a transfer of the duty of care though!