el_presidente:
Goaty:
el_presidente:
I’m on the fence. Ouch.But, regarding the on/off the licence thing it seems to me to be an admin issue. The O Licence covers authority to use x amount of vehicles/trailers from your operating centre as well as financial standing and good repute etc.
Now, if you’re operating more than permitted from the O centre you’re in breach. However, if you’re traction only and collect/return your trailer from the customers location; and if the customer is responsible for the upkeep of the trailer (financial standing); then is it a breach in anything other than a technicality (good repute)?
Still on the fence.
It’s a breach. If it’s behind your unit you’re responsible for its condition, regardless who pays the maintenance bill. If for example you have a 1 and 1 licence, you work drops off so you leave your trailer in the yard and pull for RoRo firm, you’re in breach. You’d need a 1 and 2 licence minimum. No grey area.
Totally get that the trailer needs to be roadworthy and if it isn’t it’s the driver who’ll cop it in the neck for anything that should be obvious on your daily inspection. But you can’t be responsible for everything as the operator, surely? Loaded brake tests for example - yes you need to make necessary enquiries with who you’re hauling for that their maintence programme is sufficient and robust - but if you’re doing trailer swaps all week, are we saying that as the operator pulling the trailer, you will also be held to account for such deficiencies? That to me is certainly a grey area.
I think the TC would expect some due diligence onn your part; but surely the lions share of responsibility will rest with the owner of said trailer (as i said - stuff you should find on your walk arounds are the exception).
And I think in your example, if you take your trialer off your licence and leave it parked up then you will still be ok with a 1+1.