Rank: Forum user
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When a Lorry enters a customer site. Once the Load has been loaded up, whilst the driver has been sat in his cab. Has the Driver a Duty to check the load before driving off, even if an employee of the Site has instructed him to leave (i.e. banksman)...If something goes wrong i.e. a forklift is still placing material in trailer...who is at fault...the driver for not finally checking everything was secure, or the Banksman (therefore the customer) for giving him permission to move forward
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Rank: Super forum user
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I would certainly expect a driver to inspect the load to ensure it was safe and secure before setting off onto a public highway as, should the load be shed he would certainly have some responsibility.
As to when he is on someone elses property/site then he should follow their procedures (if they have them).
In order to get a more definitive answer you really need to specify what happened and then establish what the loading procedures are at the site in question and also what the driver has been trained/told to do with regards to checking his load.
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Rank: Super forum user
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Agree with Paul, the final check of the load etc should be done by the driver. With regards to the Banksman, I would say he has the responsibility of ensuring the safe movement of the vehicle, otherwise what would be the point of having a Banksman in the first place.
In the event of an incident it could be a shared liability. It all depends on the facts of each individual case.
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Rank: Super forum user
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The driver has prime responsibility for the security of his load when he is going to drive it on the public road. That said, the customer could also be at fault.
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Rank: Forum user
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One assumes you are talking about loading from a loading dock at an RDC or similar, where the driver would have to move forward to allow him/herself to shut the rear doors of the trailer suggesting a fault of the customers procedures. However it is ultimately the drivers responsibility to ensure that the load is secure before moving onto the public highway. It will be the driver that gets stopped and penalised by VOSA or DVSA or whatever they call themselves now.
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Rank: Forum user
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