Claiming for unacceptable risk

+1

Nozza:
Time you got another career I think.

Out of a million sperm, how the ■■■■ did he get there first ?
Must be better at swimming than driving.

LIBERTY_GUY:

milkmark:
Appreciate the feedback however harsh. I was defecting the trailer every day for about two weeks but was then asked not to and the defect book was removed from the cab. I hold my hands up and admit that my limited experience probably shows here but I considered that the strap supporting the leg in the elevated position was safe and I didn’t consider the possibility of the strap failing… I have not come across a failing strap before. I assumed (wrongly) that the strap was fit for purpose which, in my view, rendered the vehicle safe.

Straps are designed to secure a load to the topside of the deck. They were never designed to stop something dropping down when in motion, or to become a semi permanent bodge job, so some mechanic can have an easy day. That strap would have been like a red rag to a bull to a VOSA inspector.

If the strap was not in safe condition then yes prohibition. I do think the sentiment is correct with bodge jobs but it would be perfectly acceptable to use a ratchet strap in good condition provided it is secure there is no guarantee that the original method of securing it was superior, even if restored to that condition.

Do safe straps fail within a few weeks of securing a (relatively light) landing leg?

Stuff fails from misuse, wear and tear and some repairs prove unsuitable and don’t last. It’s defected then replaced or repaired that’s just vehicle maintenance and why the daily check and periodic inspection regime exists.

Is there any requirement for ratchet straps to be tested periodically? The crux of my concern was the faliure of the strap where it loops around the ratchet and I had no idea a strap could fail in this way. I was otherwise satisfied that the strap was holding up the landing leg securely as it was relatively lightweight. I mentioned that one of the regular drivers did advise me that the strap was found discarded but it appeared to be in perfect working order. I did take photos of the failed strap but I noticed that there are no reference numbers on it so I assume there is no requirement to test ratchet straps. From a visual inspection the strap looked fine.

milkmark:
Good morning all,

I am an agency driver and have been employed as a wagon and drag driver for the last 6 weeks doing 300 mile runs each night. The single leg of the draw bar of the trailer is normally supported by pins in the elevated (up) position but because over time the holes no longer aligned it was supported with a short ratchet and strap. On my last night with the company the strap failed and the loop which fastens the strap to the ratchet simply gave way. Fortunatly this happened whilst I was tightening the strap with the ratchet in the yard. If it had failed whilst under tension the leg would have dropped to the vertical position, banged against the carrigeway and would have probably broke away landing on the carrigeway. This would have resulted in the leg being an obstruction on the carrigeway to the detriment of the health and safety of highway users and the route I used was predominantly motorway. I am minded to submit a claim to my agency on the basis of unacceptable risk to causing infury or death which I would have been party to and my licence could have been at risk. I was asked by my agency if I had submitted a defect sheet to report this but I reported it by text to the manager as soon as the strap broke and I was able to source another strap from elsewhere, there was not a spare on the wagon. I was previously advised by a member of the company staff that the strap was found discarded but it did appear to be in good working order. I suspect that the strap has never been tested by the company. The company arranged straight after for the draw bars to be fixed so that the holes for the pins supporting the leg in the elevated position aligned. Would appreciate comments and views of where I have a case to make a claim. Would also act as an incentive to the company to ensure that such equipment is fit for purpose and tested.

Appreciate any views.

GOOD NIGHT FOLKS IAM HERE ALL WEEK DONT FORGET TO TRY THE SMOKED SALMON !!!