If a Driver ( no it’s not myself ) was being made to drive a wagon with an overdue safety check, who would be responsible if VOSA found out? Company or Driver?
Any idea of what consequences might be if above happened ( especially if involved in a road traffic ) ?
Do VOSA check for this when you are pulled over or just general health of wagon?
Cheers
Both. Why on earth would a driver use a vehicle if it did not comply with the relevant safety legislation? 
eagerbeaver:
Both. Why on earth would a driver use a vehicle if it did not comply with the relevant safety legislation?
He’s a new driver m8 and still learning stuff, plus he only found out today! Joke firm by the sounds of it
eagerbeaver:
Both. Why on earth would a driver use a vehicle if it did not comply with the relevant safety legislation?
How would the driver know if the vehicle was over due it’s 6 weekly? That’s the responsibility of the operator and not info that’s shared with drivers. Provided the vehicle is defect free the driver would be in the clear.
harrawaffa:
eagerbeaver:
Both. Why on earth would a driver use a vehicle if it did not comply with the relevant safety legislation?How would the driver know if the vehicle was over due it’s 6 weekly? That’s the responsibility of the operator and not info that’s shared with drivers. Provided the vehicle is defect free the driver would be in the clear.
That’s what i wasn’t 100 % sure about regarding if the wagon was defect free, whether he would be in the clear
harrawaffa:
eagerbeaver:
Both. Why on earth would a driver use a vehicle if it did not comply with the relevant safety legislation?How would the driver know if the vehicle was over due it’s 6 weekly? That’s the responsibility of the operator and not info that’s shared with drivers. Provided the vehicle is defect free the driver would be in the clear.
" was being made to " inferred that the driver knew.
That’s how I interpreted the original post mate.
eagerbeaver:
harrawaffa:
eagerbeaver:
Both. Why on earth would a driver use a vehicle if it did not comply with the relevant safety legislation?How would the driver know if the vehicle was over due it’s 6 weekly? That’s the responsibility of the operator and not info that’s shared with drivers. Provided the vehicle is defect free the driver would be in the clear.
" was being made to " inferred that the driver knew.
That’s how I interpreted the original post mate.
Fair enough, i should have worded that better, but the company are making him without his knowledge prior until today
Tommy7437:
harrawaffa:
eagerbeaver:
Both. Why on earth would a driver use a vehicle if it did not comply with the relevant safety legislation?How would the driver know if the vehicle was over due it’s 6 weekly? That’s the responsibility of the operator and not info that’s shared with drivers. Provided the vehicle is defect free the driver would be in the clear.
That’s what i wasn’t 100 % sure about regarding if the wagon was defect free, whether he would be in the clear
Yes, unless he was dense enough to say he was aware that it was needed and “they” “made” him do it.
A.
eagerbeaver:
harrawaffa:
eagerbeaver:
Both. Why on earth would a driver use a vehicle if it did not comply with the relevant safety legislation?How would the driver know if the vehicle was over due it’s 6 weekly? That’s the responsibility of the operator and not info that’s shared with drivers. Provided the vehicle is defect free the driver would be in the clear.
" was being made to " inferred that the driver knew.
That’s how I interpreted the original post mate.
So come Monday, now he knows and he takes it out■■?
In that case, harrawaffa’s advice is correct 
Cheers lads
And if he KNOWINGLY takes a vehicle out which is overdue a legally required safety check, I would expect my original advice stands…
eagerbeaver:
Both. Why on earth would a driver use a vehicle if it did not comply with the relevant safety legislation?
Vehicle inspections are not a driver’s responsibility and there is no requirement for a driver to know when one was last done.
Harry Monk:
eagerbeaver:
Both. Why on earth would a driver use a vehicle if it did not comply with the relevant safety legislation?Vehicle inspections are not a driver’s responsibility and there is no requirement for a driver to know when one was last done.
Beat me to it. Also companies set maintenance and inspection schedules themselves so no real offence is committed. However if there was a poor regime of maintenance and prohibitions were being issued this could brought into account.
Driver just does his daily check to satisfy himself, anything else isn’t his problem to be honest.
Harry Monk:
eagerbeaver:
Both. Why on earth would a driver use a vehicle if it did not comply with the relevant safety legislation?Vehicle inspections are not a driver’s responsibility and there is no requirement for a driver to know when one was last done.
Understand that Harry, but the OP sort of intimated that the driver in question KNEW that the safety check had not been completed.
Which does beg an interesting question… WOULD a driver, or should I say COULD a driver get done for taking a lorry out. If you drive your car without an MOT test, you can/will be fined, so surely if a truck needs an inspection and a driver KNOWS it’s overdue, can he/she be fined/punished?
Or is it simply a requirement for the OL?
eagerbeaver:
Harry Monk:
eagerbeaver:
Both. Why on earth would a driver use a vehicle if it did not comply with the relevant safety legislation?Vehicle inspections are not a driver’s responsibility and there is no requirement for a driver to know when one was last done.
Understand that Harry, but the OP sort of intimated that the driver in question KNEW that the safety check had not been completed.
Which does beg an interesting question… WOULD a driver, or should I say COULD a driver get done for taking a lorry out. If you drive your car without an MOT test, you can/will be fined, so surely if a truck needs an inspection and a driver KNOWS it’s overdue, can he/she be fined/punished?
Or is it simply a requirement for the OL?
Don’t confuse a vehicle inspection with an MOT, there are no regs affecting drivers with inspections as long as they are satisfied with a walk round check that is all they can do.
I would also doubt a driver would be prosecuted for unknowingly driving a truck without an MOT. How many drivers on here know the MOT date of their truck?
eagerbeaver:
Harry Monk:
eagerbeaver:
Both. Why on earth would a driver use a vehicle if it did not comply with the relevant safety legislation?Vehicle inspections are not a driver’s responsibility and there is no requirement for a driver to know when one was last done.
Understand that Harry, but the OP sort of intimated that the driver in question KNEW that the safety check had not been completed.
Which does beg an interesting question… WOULD a driver, or should I say COULD a driver get done for taking a lorry out. If you drive your car without an MOT test, you can/will be fined, so surely if a truck needs an inspection and a driver KNOWS it’s overdue, can he/she be fined/punished?
Or is it simply a requirement for the OL?
The safety inspection is an O’licence requirement, so I think the driver could only be responsible for driving an unroadworthy vehicle and then only if a defect is found.
Also PMI’s are not normally recorded on a central database so how would your roadside inspector know it hasn’t had an inspection, unless you have a date sticker in the cab.
(I think DVSA are working on a system where operators upload PMI and other information to DVSA to avoid checks for compliant operators, but it’s not compulsory.)
Of course if the ■■■■ hits the fan and they end up taking all the maintenance information for inspection, like Adonis said, you just claim “you didn’t know” or “you were forced by the company”
So basically these ’ inspections ’ are part of ’ routine maintenance ’ carried out by the operator’s, and are simply part of demonstrating that they are responsible operator’s then?
eagerbeaver:
So basically these ’ inspections ’ are part of ’ routine maintenance ’ carried out by the operator’s, and are simply part of demonstrating that they are responsible operator’s then?
Yes. Of course if VOSA turn up they can ask to see the records and defect reporting etc etc.
Operators set their own periods for inspections as well.
eagerbeaver:
So basically these ’ inspections ’ are part of ’ routine maintenance ’ carried out by the operator’s, and are simply part of demonstrating that they are responsible operator’s then?
They are part of the maintenance regime required agreed to when you get your O’licence, They are recorded and the records have to be kept for 15 month I believe.
It makes various people responsible for the maintenance of the vehicle, as the records have to be signed off, by the person doing it and somebody in a supervisory position.