Interesting Thought ?
As you are the proffesional driver …
Your duties include your daily checks … and defect reporting …
Lets say you do not check your OIL or WATER and during the day you seize up the engine .
Can the company charge you for damages to the truck…
No.
Not without the employees permission.
One I found out recently . . . . . . . Not even on the back of a “blanket permission” regarding parking charges and such that they insist you sign when they set you on 
None of that relates to things an employee might not have read, but is in the T&C/Contract.
no but then they have to prove you dilberately didn’t do the checks . unless of course you have been made aware of any troubles in these areas with a particular motor.
Maybe it would come under gross misconduct or wilful neglect or similar. Should at least get some sort of warning, maybe the sack. Pay for it ? Can you name any other industry where the employee has to pay in similar circumstances ?
The daily checklist in the vehicle i currentley drive includes “security of wheels”
I have never ticked this box, as the company does not posess a wheel brace/torque wrench.
When i took this up with the depot manager, his answer was basically “dont worry about it”.
Short of taking it in to the garage that maintains it every morning and get them to check my nuts (oo err)what should i do?
Would be interesting to know how many drivers check their nuts on a daily basis - sorry for rambling on but ime off this week and the boredom/Carlsberg export is beginning to take its toll !! 
Basically , am i still liable if i lost a wheel ?
Suedehead:
The daily checklist in the vehicle i currentley drive includes “security of wheels”
Basically , am i still liable if i lost a wheel ?
Depends on liable for what to whom?
Legally liable (at least in part) if the offed wheel does injury or damage, but insurance would pick up the financial cost.
Could your employer charge you? That would depend on the exact wording of any agreement you signed and them being able to prove that you understood what you were signing. (A bit like unfair clauses thingy)
26 years an Lgv Trainer:
Interesting Thought ?As you are the proffesional driver …
Your duties include your daily checks … and defect reporting …
Lets say you do not check your OIL or WATER and during the day you seize up the engine .
Can the company charge you for damages to the truck…
somebody on here is familiar with having lack of oil in the truck or to much of it 
but i suspect you know that already 
Santa:
Suedehead:
The daily checklist in the vehicle i currentley drive includes “security of wheels”
Basically , am i still liable if i lost a wheel ?Depends on liable for what to whom?
Legally liable (at least in part) if the offed wheel does injury or damage, but insurance would pick up the financial cost.
Could your employer charge you? That would depend on the exact wording of any agreement you signed and them being able to prove that you understood what you were signing. (A bit like unfair clauses thingy)
What i meant to say was am i liable for prosecution? - as if i lost a wheel,doesnt the buck stop with the driver,(even though i have no physical means of checking its secure)
Suedehead:
Santa:
Suedehead:
The daily checklist in the vehicle i currentley drive includes “security of wheels”
Basically , am i still liable if i lost a wheel ?Depends on liable for what to whom?
Legally liable (at least in part) if the offed wheel does injury or damage, but insurance would pick up the financial cost.
Could your employer charge you? That would depend on the exact wording of any agreement you signed and them being able to prove that you understood what you were signing. (A bit like unfair clauses thingy)
What i meant to say was am i liable for prosecution? - as if i lost a wheel the buck stops with the driver,(even though i have no physical means of checking its secure)
as in insecure load - overloading blah blah.
If you did loose a wheel, or buggered up the engine through lack of oil or coolant, how is anyone going to prove one way or the other that you did or did not do your checks, & when you did those checks the truck did or did not appear to be fine ?
Unless somebody stopped you leaving the yard no chance.
Regarding wheel nuts, Companies would love to have their driver’s spend an hour or two everyday with a very expensive torque wrench check all the wheel nuts. Along with the compensation claims from injuries sustained from hanging off a 6ft breaker bar.
Secretelephant:
Suedehead:
Santa:
Suedehead:
The daily checklist in the vehicle i currentley drive includes “security of wheels”
Basically , am i still liable if i lost a wheel ?Depends on liable for what to whom?
Legally liable (at least in part) if the offed wheel does injury or damage, but insurance would pick up the financial cost.
Could your employer charge you? That would depend on the exact wording of any agreement you signed and them being able to prove that you understood what you were signing. (A bit like unfair clauses thingy)
What i meant to say was am i liable for prosecution? - as if i lost a wheel the buck stops with the driver,(even though i have no physical means of checking its secure)
as in insecure load - overloading blah blah.
If you did loose a wheel, or buggered up the engine through lack of oil or coolant, how is anyone going to prove one way or the other that you did or did not do your checks, & when you did those checks the truck did or did not appear to be fine ?
Unless somebody stopped you leaving the yard no chance.
Companies would love to have their driver’s spend an hour or two everyday with a very expensive torque wrench check all the wheel nuts.
Of course they would 
- what i am trying to say is that if a wheel comes off its the drivers fault . . isnt it ?
the checks are a legal obligation to the driver and you must have a check list because ive been stopped by vosa and they requested to see my log, unless am wrong but i always check the vehicle we have a list of things to check this is why youhave to show the 15 minutes on your tacho before you start to drive just to prove to vosa that you did your checks, but personally if the motor ceased to function theres no way i would admit not doing the checks its summit they would have to prove, but i wouldnt no were i stood if because of a defect i killed sum1, probably be sent down for 5 years, if am wrong i will stand corrected but as the post started out as professional drivers because apparently thats what we are.
every truck should have a defect book assigned to it and checks should be made daily.
All major problems should be reported as soon as found .
And the best defect book is one that gives you a duplicate copy incase the book gets lost.
The wheel nut issue is … and always has been an issue as a torgue wrench should be used… but THEY are rarely avalable and it should be tested every year.
If your car siezes up thro lack of oil you pay the bill
If your truck siezes up because oil not checked you boss pays … but if he can prove you have not done your daily checks he may have a case against you for negligence …
26 years an Lgv Trainer:
every truck should have a defect book assigned to it and checks should be made daily.
All major problems should be reported as soon as found .And the best defect book is one that gives you a duplicate copy incase the book gets lost.
The wheel nut issue is … and always has been an issue as a torgue wrench should be used… but THEY are rarely avalable and it should be tested every year.
If your car siezes up thro lack of oil you pay the bill
If your truck siezes up because oil not checked you boss pays … but if he can prove you have not done your daily checks he may have a case against you for negligence …
But the question still remains as to would a prosecution stand against the driver if a wheel came off especially if it caused an injury?.My reading of the Road Traffic Act is that it’s the driver’s responsibility to check the wheel fixings on a daily basis and as we all know that requires use of a torque wrench.Has there been a case yet where a driver has successfully defended such a prosecution?.
Carryfast:
My reading of the Road Traffic Act is that it’s the driver’s responsibility to check the wheel fixings on a daily basis and as we all know that requires use of a torque wrench.Has there been a case yet where a driver has successfully defended such a prosecution?.
I reckon that if the driver did everything that was REASONABLE to do then no prosecution.
26 years an Lgv Trainer:
If your truck siezes up because oil not checked you boss pays … but if he can prove you have not done your daily checks he may have a case against you for negligence …
And your defence would be by reference to the Employment Rights Act 1996, subject to your Employment Contract.
ROG:
Carryfast:
My reading of the Road Traffic Act is that it’s the driver’s responsibility to check the wheel fixings on a daily basis and as we all know that requires use of a torque wrench.Has there been a case yet where a driver has successfully defended such a prosecution?.I reckon that if the driver did everything that was REASONABLE to do then no prosecution.
That’s the problem ROG because the word ‘reasonable’ all comes down to interpretation.We’re being asked to bet on a judge’s idea of that if the prosecuting lawyer says that drivers could use a torque wrench if given one to use instead of just ‘looking’ at the nuts.The judge could then say that it’s the same driver’s responsibility to ensure that he was given one to use or the truck stays where it is?.Don’t forget that the charge in the case of such an accident could be as serious as causing death by dangerous driving.Clarification of the law on that issue should have been made long ago but it does’nt seem to have been so far?.
Suedehead:
The daily checklist in the vehicle i currentley drive includes “security of wheels”
I have never ticked this box, as the company does not posess a wheel brace/torque wrench.
I’d expect the company to be at least using wheel nut security indicators, or in absence of that, providing you with access to a torque wrench or access to a ‘competent & rained torque wrench operator’ i.e. the chap in the garage!
Without the above I don’t see how you, as a driver, could be held responsible so long as you had highlighted (and documented) your concerns to the office/TM/etc.
Should the original question have been SHOULD THE COMPANY CHARGE YOU FOR DAMAGE.■■?
Carryfast:
That’s the problem ROG because the word ‘reasonable’ all comes down to interpretation.We’re being asked to bet on a judge’s idea of that if the prosecuting lawyer says that drivers could use a torque wrench if given one to use instead of just ‘looking’ at the nuts.The judge could then say that it’s the same driver’s responsibility to ensure that he was given one to use or the truck stays where it is?.Don’t forget that the charge in the case of such an accident could be as serious as causing death by dangerous driving.Clarification of the law on that issue should have been made long ago but it does’nt seem to have been so far?.
Clarification of the law will happen when someone is prosecuted for it and the Court of Appeal makes a ruling. IMHO it would be a “reasonable” defence to show that, even though you completed a tick list each day: No one ever questiond or ensured that you actually had done it; and the proper tools weren’t available anyway. The yellow plastic pointers are a good method of ensuring visually that the nuts are OK.
you may not be able to tell if wheel nuts are tight by just looking at them
but you can tell they could be loose by the tear marks running away from them
sorry no pics