The rising cost of breaking the rules
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n 1 April 1997 new Magistrates Association guidelines on sentencing came into force. They have particular ramifications for HGV operators. For vehicles over 7.5 tonnes the operator should expect penalties for brakes, steering or lyres faults of around £600 per offence. For similar offences a driver can be fined between £200 and £480, depending on his income and circumstances.
The loss of a wheel can result in an operator being fined £1,200 and a driver between £400 and £960.
The baseline for overloading has been raised to £900 for an operator and between £300 and £720 for the driver, with increases proportional to the percentage of overload. Similar fines can be imposed for insecure loads and using a vehicle in a dangerous condition. When it comes to speed limiters and tachographs, if a tachograph is not used the operator's basic fine is £600 and the driver's is between £200 and £480 per offence. If there is falsification the base fine for an operator is £900 and for drivers between £300 and £720 per offence.
Some courts may increase the base figure; in serious cases be prepared for substantially higher fines. Although there is no guideline covering breaches of drivers' hours, increased penalties can be expected to fall in line with the above increases in base penalties.
Protect your Operator's Licence. Remember your undertakings given to the Traffic Commissioner and review your systems so as to prevent offences.
Make drivers aware of the consequences of their actions and take disciplinary action against those who fail to follow your preventive procedures.