Question:
my brother in law had an accident in his works van and was asked to hand in the documents. his boss gave him the paperwork and then informed him the mot had ran out. although it is up to his boss to mot the van is it not the drivers responsibility to make sure the van was road legal before he drovr it?
Answers:
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Yes and no, its always the drivers responsibility, but if he where employed and lead to believe the vehicle where fully roadworthy, he has no worries about prosecution. Courts take a very dim view of employers placing their employees at risk, lest that to other road users. Problem here is, the conflict this will inevitable create between the employer and employee.It is, technically.
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It's the bosses responsibility to have the vehicle MOTd, the fact it didn't have one can negate the insurance. The police may charge your BiL with driving without the MOT.Its not cjb in essex is it?one of the drivers got done with 2 bald tyres and 1 of the trucks wheel came off on the m25.
sounds like your in laws boss is a right cowboy!
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ITS THE COMPANYS RESPONSABILITY,his responsability is to make sure that the vehicle is road worthy ie tyre's are ok screen lights indicators brakes, & a valid tax disc is on the vehicle
That sounds right, if the boss is in charge of the paperwork, then its his responsibility to inform the drivers so they don't drive the vans without the mot. That is the logical way i see it anyway!
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Your in law will be find for driving with out a mot ,is boss will be find for letting allowing him to drive a van that is not mot,edYou remember that cars aren't the only thing that can be recalled by their maker?
the driver i at fault he should make sure that the van is roadworthy before he takes it on he road BUT the boss will be done as well for aiding and abetingthe boss will be hit harder than the driver
the driver has the right to refuse to take the van out
The driver should always check the vehicle is road worthy before driving.
Your brother in law should inform the authorities that he was led to believe that his boss was responsible for maintaining the company vehicle (MOT, Tax etc).
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Get him to check his contract, if there is nothing in there mentioning the vehicle, he can't really be pulled up on it as its a company vehicle. Unless in your brother in laws contract specifies that he is responsible for the checking the validation of the vehicles mot, tax, services then its his bosses responsibility.
With works vehicles the driver ONLY has to make sure the tyres are inflated and there is enough fuel. It is the COMPANY'S responsibility to ensure the vehicle is Insured, MOTED and Taxed.
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