Fine, unless you have an alarm fitted that needs the keys to deactivate
Kenny1975:
The theft thing.The theft issue, is the load actually property of the RDC, we were working out a bonded warehouse who supplied the RDC and invoiced them for payment. So had the RDC actually paid for the goods when i was delveriing them. So is it there property or is it not a case of a failed delivery.
The question matters little as it still comes down to Section 2, the definition of âDishonestlyâ.
- âDishonestlyâ
(1) A personâs appropriation of property belonging to another is not to be regarded as dishonest-
(a) if he appropriates the property in the belief that he has in law the right to
deprive the other of it, on behalf of himself or of a third person; or
(b) if he appropriates the property in the belief that he would have the otherâs
consent if the other knew of the appropriation and the circumstances of it; or
(c) (except where the property came to him as trustee or personal representative) if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps.
Again, I would also suggest that the situation also fails under Section 3, âAppropriatesâ. In the scenario given, whilst the driver may by âappropriatingâ the vehicle, he is not âappropriatingâ the goods carried within the vehicle. The absence of the opportunity, or the absence of responding to such an opportunity, to unload the required goods, is a matter for Contractual Law.
taking away the load would have meant we could not supply the product to fulfill our orders which was deemed as permanently deprive, like it or not that is how the police explained it at the time.
Rearrange the following words. âarse, out of, talking, their.â
marcustandy:
I donât see how the load is the property of the RDC until it is unloaded and signed for. Until that point it is the property of, or at least the responsibility of, the haulier including his representative i.e. the driver, and as such the driver should be able to drive away with the load.Breach of (delivery) contract is a seperate issue.
Most delivery notes I have seen specify that any goods are the property of the supplier until invoiced / paid for.
So my answer to them not letting me out with âthierâ goods, would be - âShow me where it says they are yours and do you have the reciept?â
are you justified in crashing the gate?
as long as you do it at â98â and shout âlet them truckers roll, 10-4â
just had a reply from lord atlee. he has brought up the problems in the house of lords and the commons. but he said he feels like a lone voice as the goverment and the lords are not bothered about truck drivers.
On the question of can i crash the barrier
of course it is a criminal offence to damage property not belonging to youâŚbutâŚif you were kidnappedâŚor held against your willâŚwould you have to pay for any damage done to a property in order to escapeâŚthe answer is probably notâŚbut i did turn my vehicle around in Tescos Northampton..and told security i was going to reverse into the barrier..so when he told me
please yourself`âŚi didâŚwith my bosses permissionâŚand then i turned aroundâŚdrove outâŚgot to the top of the roadâŚwhere the police were waitingâŚthey arrested meâŚtemporarilyâŚtook me back to security where the knob did agree that he had in fact refused to let me outâŚand the police told him, and management, that it was against the law to hold a driver against his willâŚso there you have itâŚ
i have no problems handing my keys in as i just keep the remote keyfob for central locking
It appears that quite a lot of drivers hand in a false set of keys. Surely the rdcâs would be aware of this practice. Therefore i would expect them to have come to the conclusion that the handing in of keys is pointless and come up with another solution.
I suppose itâs too much to ask the over paid management to use their brains.
It always was a pointless exercise as it in no way guarantees that the truck is miraculously safe, just cos the driver gives a bunch of keys, to some school kid, or some other equally unqualified office person.
I think they just do it for power and placebo reasons myself.
Of course they could be dim enough to think that it cures all ills.
Lovlyperson:
who says you cant go to your Cab? just let it unlocked
Youâve not been to morrisons at wakefield. Hell on Earth.
So why do you all do it then, if enough dont do it then they will soon change there attitude.
gardun:
Just keep two sets of keys but only one that fits then hand in the ones that donât. They should never find out
Done that before without being caught.
Next time I am going to get an old car key and tether it to something like a breeze block and hand that in - wonder what the reaction will be to my âkey ringâ!
all i do is carry a spare bunch of old keys and hand those in
Kenny1975:
The theft thing.in the case where it happend to me demanding to leave an RDC.
I was told by my boss to leave the RDC as the bonded warehouse i was working out had two tractor units doing dayshift which then went and done trunks at night. The unit needed to be back to do a trunk.
Waiting round for god knows how long to get tipped would mean screwing up their trunk which would mean everyone else is late creates a chain reaction onto the next day.
The theft issue, is the load actually property of the RDC, we were working out a bonded warehouse who supplied the RDC and invoiced them for payment. So had the RDC actually paid for the goods when i was delveriing them. So is it there property or is it not a case of a failed delivery.
When it comes down to it, the unit and trailer are property of the bonded warehouse not the RDC so they have no right to stop it leaving.
Many years ago when i had my own truck the goods on the vehicle could be sold by the haulier (me) if the transport was not paid for. this wasnât very practicle as the bill wasnât due for some time after the load was tipped. This was a standard contract that most other hauliers used. And as far as i know this is still the case. But as each company has its own terms and conditions, and each one thinks that only theirs apply then the Rha abd Fta should get the EU and this government to sort out a specific set of rules for the treatment of drivers and hauliers not just refer us to the HSE rules.
Phil the goods can be sold if you are the contractor, if the job was subbed to you the goods can only be sold by the company that subbed you the goods as they are the main contractor
willie_mac:
Phil the goods can be sold if you are the contractor, if the job was subbed to you the goods can only be sold by the company that subbed you the goods as they are the main contractor
like i said it was a while back. and nowerdays there are so many fingers in the pie with so many different terms and conditions all saying that they own the goods you still end up with the same. us getting treated like idiots.
Anybody got a Mercedes looking key to spare??
All ivâe got is a BMW one with the blue and white badge on it and a Rover one with err Rover written on it⌠I know these lowlifes are dumb but i dont think even they would fall for a BMW/Rover Megaspace truck
just go to timpsons and get them to etch out a blank key with no name on it ( costs about ÂŁ3) and attach that to a couple of other keys that are loafing in your kitchen drawer and hand them in, if they say it isnt the right key then tell them to prove it, not many will get off thier lazy asses and go and check!!! ive not had any do it yet anyway? but one day iâm sure they will and i will look a right â â â
The simplest way to do this safely is report to the office or gatehouse where you are allocated a bay or ramp.
Once you are settled and happy with the position, the fork lift driver will either drive to your cab window or get his arse off the truck and come to collect the keys.
26 minutes or pallets later he can return with your keys and you return to the office.
Its simple and it works in Fawley and believe me, if they want to be difficult they write the rules.
There was a story in Commercial Motor last week regarding the human rights act and handing keys in.
Did anyone see it?
The reply from CM neither said yes the human rights act would apply or no it wouldnât. I was knackered at the time of reading and i havnât got the magazine with me now. So what did you think to CMâs reply?