If you have a vehicle on ADR work and the equipment doesn,t reach the requirements say for instance a warning triangle is missing or a fire extinguisher is missing and not meeting the required 1x2kg and 12kgs (including a 6kgs one) for vehicles over 7.5t what are the penalties as one penalty is that the co. according to the regs could receive a PN for non-compliance but does the driver also receive a fixed penalty as well or a fine plus court appearance etc. with endorsements penalty points for the infringement?
Now another one on C&U regs I have been told that ALL vehicles over 7.5 t must carry a fire extinguisher for small fires i.e. a tyre fire etc. any ideas on this as I can,t find it in the C&U regs anywhere?
The second question is in respect of 44t vehicles on non ADR work i.e. general haulage containers etc. and would it be legal to carry just a 2kg extinguisher in the cab and no external extinguisher.
If you have a vehicle on ADR work and the equipment doesn,t reach the requirements say for instance a warning triangle is missing or a fire extinguisher is missing and not meeting the required 1x2kg and 12kgs (including a 6kgs one) for vehicles over 7.5t what are the penalties as one penalty is that the co. according to the regs could receive a PN for non-compliance but does the driver also receive a fixed penalty as well or a fine plus court appearance etc. with endorsements penalty points for the infringement?
Hi NEJ, Unfortunately, my role doesn’t require me to know the answer to your question, because ‘penalties’ are more into a lawyer’s remit.
I’ll attempt to show where the responsibilities lie though…
According to the Regs, and they are quite clear on this point, [CDG 2007 Reg.63] the vehicle equipment has to be provided by the “carrier.”
The carrier is taken to mean the owner of the vehicle.
(If you need proper quotes for this, please let me know.)
It is required teaching on an ADR course that drivers are told this, and there are exam questions to ensure that drivers understand the point.
I do know that the usual enforcement practice is to issue a PG9 (instant) to vehicles found to be deficient in fire extinguishers and/or vehicle equipment/PPE/documentation etc.
Since it is the carrier’s responsibility to provide the said equipment, the vehicle is normally detained until such time as the correct equipment is present on board the vehicle, at which time the driver/carrier can ask for the PG9 to be cleared.
I’m not absolutely sure of this, but I believe that the carrier is then summonsed for any offence(s) to be dealt with by a court.
Of course, any PG9s will have a knock-on effect when the Traffic Commissioner next considers the ‘O’ licence at review.
I’m not sure whether there is any action taken against the driver. Sorry about appearing a bit vague here NEJ, but your questions are a tad outside my remit.
Thanks dave for the reply as you have really answered the question for me in saying that an immediate PG9 would be issued until compliance was completed.
Then as you say the company`s “O” licence would be in jeopardy from the traffic commissioners possibly even before renewal.