manager returning an unroadworty vehicle

[keithposty]

had a chap call me this morning saying the drivers side wing mirror has fallen off his van and asked for advice.

i told him to call a manager to get another vehicle sent out and to state he may not be able to complete his delivery if kept waiting.

i informed him not to drive the vehicle as it was in an unsafe condition and as he had signed for the van , he would be held responsible for any accidents

manager turns up and changes the van over, no problems but

WHAT GIVE THE MANAGER A LEGAL RIGHT TO DRIVE THAT VEHICLE BACK IN AN UN-ROADWORTHY CONDITION.

if the postman cannot drive it in its condition, why can a manager

the vehicle will need to remain where it is until recovery can be arranged

people may say its only a wing mirror but it will be classed as a conduct code matter and it comes under the road traffic act

comments please people

[noggin1969]

Legally he/she can not as they would be committing a moving traffic violation.
Regulation 33 Road Vehicles (con and use) regulations 1986 states: Any mirror which is fitted shall whether or not it is required, comply with the any requirements of these regulations or EC regulations applicable to that vehicle. i.e if it's factory fitted you need it by law.

[keithposty]

many thanks for the case law on this for future reference

[fishtank]

According to the police,as long as it is "secured" you are allowed to drive it with the purpose of removing it to a place where it can be repaired.
They can however issue a 14 day defect notification.
This applies to most minor damage,including broken lights,windscreen wipers etc.
I've been here and done this in my own car.

[arnold cheshire]

a broken mirror is hardly unroadworty

[andy2007]

It depends on whether there's a rear window on the van. If there isn't and you only have 1 mirror, you don't have an adequate rear view, which is potentially hazardous. That makes the vehicle unroadworthy.

[IcanthelpthewayIam]

It depends on whether there's a rear window on the van. If there isn't and you only have 1 mirror, you don't have an adequate rear view, which is potentially hazardous. That makes the vehicle unroadworthy.

you are technically correct but under vehicle construction and use section of the road traffic act, if its fitted and broke that alone makes it unroadworthy regardless of if you have a driver side and rear view mirror,

[Lounge Lizard]

had a chap call me this morning saying the drivers side wing mirror has fallen off his van and asked for advice.

i told him to call a manager to get another vehicle sent out and to state he may not be able to complete his delivery if kept waiting.

i informed him not to drive the vehicle as it was in an unsafe condition and as he had signed for the van , he would be held responsible for any accidents

manager turns up and changes the van over, no problems but

WHAT GIVE THE MANAGER A LEGAL RIGHT TO DRIVE THAT VEHICLE BACK IN AN UN-ROADWORTHY CONDITION.

if the postman cannot drive it in its condition, why can a manager

the vehicle will need to remain where it is until recovery can be arranged

people may say its only a wing mirror but it will be classed as a conduct code matter and it comes under the road traffic act

comments please people

Get a life.
If missing wing mirrors were the least thing wrong with a R M van life would be oh so straight forward.

[keithposty]

do you consider then the welfare issue including the conduct code is irrelevant

we all have to follow the rules, either statute or employment

who do you think would get the blame if the driver had been involved in an accident

its a reps job to protect there members, no matter how unpopular that may be to staff or managers

[fishtank]

This isn't about members though it's about a manager returning a van to the D.O. for repair.
It's perfectly legal to do so as long as the wing mirror is secured and it is being returned for the sole purpose of being repaired so what's the problem?
I could see the issue if a member was being forced to take it out on delivery...because that would be illegal and a breach of H&S but that's not happening is it?