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Make the law work for you
Page 34
Page 35
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Eventually most hauliers will need the services of a lawyer, either for advice, or to defend their licence. But how do you get the best from your legal team? Patric Cunnane reports.
1. Build a relationship
Don't wait until the proverbial ordure hits the air-con unit. Any professional transport business should include the services of a law firm. Make sure they know the industry and are members of the RHA or FTA. They should understand your business, its aims and any specialist services you operate that might require legal updates, such as transporting hazardous goods or abnormal loads.
2. Invite the lawyer to your site
Invite your lawyers to your premises and be suspicious if they hesitate to come. Be open with them about any shortcomings the business may have in terms of access to the site,maintenance and training facilities —and knowledge of the law.
Introduce them to your systems, the clerks who maintain them and any other staff engaged in activities where the law may be of primary concern. There are potential hazards in every loading bay and you may want advice about how you deal with health and safety issues.
3. Preventive medicine
Most transport lawyers would rather earn their fee by keeping their clients out of court or public inquiries. To this end they can offer hauliers expert advice on introducing systems that will satisfy the undertakings made when applying for your Operator's Licence.
These include abiding by the hours regs and operating a transparent regime of maintenance checks. If infringements occur they can advise you how to reorganise the work so they don't occur again. They will suggest how to set up induction, training and refresher programmes to minimise the risks of falling foul of the myriad road transport regulations.
4. Tell the truth
However black the situation, never lie to your lawyers.They can't help you if you are concealing some relevant fact,such as a failure to estab lish whether truck number 10 really is specified on your licence or whether a workplace fatality occurred because of a lapse in health and safety procedures. The lawyer is not there to judge you; he is there to equalise the situation before the court or theTC. His job is to put your case as strongly as he can and, if you are guilty, to minimise the sentence or penalty on your licence.
5. Don't guess 11 ou don't know the answer, say so. Whether you are talking to a TC, the police or your lawyer, it is much better to admit that you are not sure of something and offer to check the facts., than to say the first thing that comes into your mind. A preposterous defence, such as the haulier who claimed short sight caused him to fill in the wrong tax form on three separate occasions,will only serve to annoy the authorities. 6. Read up on the law Don't leave it all to your lawyer. Make sure you have a sound basic grasp of the laws that affect your business.
These may include road transport regulations, employment law, health and safety law and hazardous goods regulations. Lawyers often have websites and produce bulletins to update their clients on changes in the law—read them! Some run evening or weekend seminars on subjects like the Working Time Directive. These seminars also allow you to meet other operators and share views on how regulations can be tackled.
You will also save time, and money, if discussions with your lawyer don't include lengthy explanations of the basics.
7. Paperwork If called to a Public Inquiry, or if any other situation arises where your lawyers needs to study paperwork relevant to your business. make sure they get the documents before your meeting.'This saves a good deal of talking around the subject.
In any case, ensure that your business administration is sound. The more you can prove your systems were in place and you can show a paper audit trail, the less likely you are to be punished by the court or TC.
8. Understand costs Your lawyer should he able to spare you the odd five minutes on the phone without charging £50. In any case, do ask what representation will cost you, say, at a Public Inquiry before engaging the firm. Legal costs are not a mystery. When you have agreed a sum, keep the lawyer on your side by paying promptly. If this is not possible offer an explanation and you may find you can pay over a period of time. 9. Engage a specialist Don't expect the solicitor who carried ou veyancing on your house move to be able for you effectively at a Public Inquiry.
A specialist road transport lawyer sential for you to be able to conduct business in as legally watertight a fashi possible. For example, specialists can eN to a dubious magistrate exactly what at overload means and will know the mitig circumstances.
Before taking on a lawyer agree the of your business that may need spec support. such as employment law. One haulier has even used his lawyer to neg an agreement with a trade union whicl won a recognition ballot.
10. Dress for the occasion If it all goes pear-shaped and you have t appear before an inquiry, magistrates cc or worse, remember to dress appropriat You want your business to be taken seri ously; turning up in court wearing those ancient jeans and a bomber jacket is noi best way to do it.
If you are guilty you may need your la to do a bit of grovelling on your behalf tc convince the magistrate or IC that, but fi this one, unfortunate transgression, you a fine, upstanding member of society. • CONTACTS FTA: 01892 526171: wvvw.fta.co.uk RNA: 01932 841515; www.rha.net Kogan Page: www.kogan-page.co.uk