Those are all fair points Pete, but Toby wrote this in his OP:
toby1234abc:
Having a beard could impere the use of a mask,while hauling certain ADR goods,you are required to have one,but there is a rumour you need a mask all the time,regardless of the load,as you may be sent to load where a mask is required.Didnt some driver get nicked in Germany for that scenario.
So, at that point Toby thinks it’s a rumour, but then he wrote this:
toby1234abc:
I would guess that when they lay out that plastic mat on the road side and there is kit missing,i thinnk that the mask would be included and if not,it is time to find an ATM to cough up some euro funds.
This is completely untrue, because Toby has no basis for that thought in a roadside check.
So if some police officer thinks Toby needs a mask when ADR says he doesn’t, then Toby seems to be saying that he’ll meekly pay a fine for a non-existent offence.
As you know, I’m a DGSA.
I recently dealt with a similar kind of problem.
My customers do what they’re supposed to do and actually have a formal arrangement with me for advice.
One of my customers phoned me to tell me that one of his drivers had been stop-checked by VOSA and issued with a Prohibition Notice (PN) for “missing” ADR equipment.
As you can understand, the boss was very irate at getting a PN after the company had paid me for advice.
I know that this company only carries 15t consignments of bagged fertiliser in UN Class 5.1 and so I advised them about IIW and PPE equipment accordingly.
I asked what ADR kit was allegedly missing to have caused the issue of a PN and a significant delay to the driver and vehicle.
The boss read the PN to me, from which he said that the deficiencies were: A shovel, a drain seal and a collecting container.
If you were me in that situation, what would you have done?
Your two choices are:
- Accept the PN, apologise to the boss and tell him to buy the equipment and get it taken to the truck in order to have the PN lifted, plus maybe tell him to pay a fine. (This would be more or less admitting that my advice was wrong in the first place.)
OR
2) Ask for the VOSA officer’s phone number (written on the PN) then phone the VOSA officer to suggest that the PN is incorrect and then explain the reason why.
Now, just like a question of sport on TV, we stop the action and ask… what happened next? 