I was driving on highway 440 in SI NY when a truck with a rolloff container was dropping pieces behind him. He hit my windshield with a broken piece of toilet bowl. I pulled him over and got his license and registration. His boss bought me a new windshield.
Warning on back of trailer - legally enforceable?
- Thread starter y_p_w
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This stuff is always enforceable in North America. The CVSA regulations are always in effect & thou shalt not lose thy particulate load! A quick call to either the usual local law enforcement may or may not resolve the issue. The person that answers the call may not have a clue about enforceable load security laws. However, the smarter choice will, like as not, be to call the Provincial / State commercial vehicle enforcement agency. Now THOSE guys know! They will quote chapter & verse as to exactly what can & cannot happen for a commercial carrier to operate on a gazetted road.
As law enforcement, I have dealt w/ these issues many times. In the pre-smart phone / dash cam era, we required the complaianant to provide a statement 1st. Once done, the carrier could be charged (if the jurisdiction allowed for the prosecution of the RO) or the carrier might just designate the driver to the investigating agency. Either way, if the offending party plead not guilty, the onus was on the complainant to secure a conviction on their evidence in court. We really didn't have a lot to do w/ it at trial. A few times, the carrier was called, informed of the issue & they asked if they could deal w/ the complainant directly. Once this was confirmed, the issue would go away.
When a complainant is told something to the effect that, "We can't work w/ that here," read that to mean something like, "We just don't care & are too busy."
My two pennies.
John.
As law enforcement, I have dealt w/ these issues many times. In the pre-smart phone / dash cam era, we required the complaianant to provide a statement 1st. Once done, the carrier could be charged (if the jurisdiction allowed for the prosecution of the RO) or the carrier might just designate the driver to the investigating agency. Either way, if the offending party plead not guilty, the onus was on the complainant to secure a conviction on their evidence in court. We really didn't have a lot to do w/ it at trial. A few times, the carrier was called, informed of the issue & they asked if they could deal w/ the complainant directly. Once this was confirmed, the issue would go away.
When a complainant is told something to the effect that, "We can't work w/ that here," read that to mean something like, "We just don't care & are too busy."
My two pennies.
John.
Most drivers don't want to wait for trucks so they tailgate them, as a result your going to get the front of your vehicle blasted.
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Nick1994
$100 site donor 2024
If a rock comes up and busts my windshield, I don't care. I have glass insurance. Free replacement.
Our X5 is in the shop right now for $4800 worth of repairs due to a nimrod who chose to not latch his tailgate when leaving a quarry. He showered us and at least six other vehicles with what would probably amount to a wheelbarrow load of stone. Both headlights and fog lights, windshield, chips covering both front fenders, bumper, hood, and front of roof and the front luggage rack support broken in two.
We slowed down to get the truck name/tag and he knew what he did so he slowed down even more....we eventually pulled over until he passed us and then we got the information we needed. I would like to see the driver held personally responsible....pure laziness on his part. When we were getting the info (while driving) the tailgate latches looked ok and the chains were simply dangling.
We slowed down to get the truck name/tag and he knew what he did so he slowed down even more....we eventually pulled over until he passed us and then we got the information we needed. I would like to see the driver held personally responsible....pure laziness on his part. When we were getting the info (while driving) the tailgate latches looked ok and the chains were simply dangling.
Originally Posted By: InhalingBullets
Here in Texas all loads must be covered and debris flying out of the bed of a pick up or trailer is an unsecured load, the driver and their company are liable for damages. Once again though, proving it is another issue entirely. I do find it humorous that most of the signs on the back of the trailers denying liability and to stay back 200 ft cannot be read from 200 feet!
Tons of trailers hauling gravel all over Williamson county have no covers on them.
Here in Texas all loads must be covered and debris flying out of the bed of a pick up or trailer is an unsecured load, the driver and their company are liable for damages. Once again though, proving it is another issue entirely. I do find it humorous that most of the signs on the back of the trailers denying liability and to stay back 200 ft cannot be read from 200 feet!
Tons of trailers hauling gravel all over Williamson county have no covers on them.
My company used to have dump trailers for carrying crushed glass...the problem isn't covering it (though one ran open for a couple days because the cover was stuck), it's that the covers just don't last long. They get beat-up by the wind and come apart. We average about a year to a tarp.
(Note: the trailers could not be filled due to weight limits...even uncovered, there was NO glass coming out!)
(Note: the trailers could not be filled due to weight limits...even uncovered, there was NO glass coming out!)
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