Thread: Can the seller be also liable - Duty of Care?

Originally Posted by Tombie

Because sadly not everyone is equipped nowadays with the all too rare “common sense”.

And in my work I come across far too many people who just lack the ability to self assess or risk assess.

It’s these people, lacking knowledge, that has driven legislation to ensure they are kept in check.

Unfortunately they quite often survive their acts of foolishness at the detriment of innocent bystanders.

Yeah common sense has long disappeared

Originally Posted by DeeJay

I think the LP Gas/ Fuel industry kicked off this liability on the consignor thing back when I drove LP Tankers in the 80's
The Road traffic Authority found a number of overloaded tankers after blitzing as a result of a Shell tanker overturning in Batman Ave here in Melb - it was found to be "too full" - & too fast.
As a result they put the onus back on to the refineries & introduced penalties for allowing overloaded tankers out the gate.
It was pretty common where I loaded - if your tanker was overfilled- to stand to one side of the weighbridge & lift & bounce the tanker & the operator could hit the button at the low point if it got under the programmed max weight.
I got the boss an extra 400kg (800 litres) one night but nearly bust my gut, for no thanks. After the accident with Shell, this terminal installed a security camera. That thing would have paid for itself the first night..
BOC also commenced disallowing unplacarded loads & inappropriate loads at the same time.
David

Back when the Gailes weighbridge was still in operation an oil company operations manager told me that they knew their trucks tare weights, their fuel usage, and could load very accurately using meters. They endeavoured to ensure that their tankers arrived at Gailes spot on the administrative tolerance.

Originally Posted by Bigbjorn

We did it because the rates were so poor on many routes and we needed the money.

Some things, I'm sure, haven't changed.
You certainly won't get rich as an owner-driver....

Originally Posted by Bigbjorn

Back when the Gailes weighbridge was still in operation an oil company operations manager told me that they knew their trucks tare weights, their fuel usage, and could load very accurately using meters. They endeavoured to ensure that their tankers arrived at Gailes spot on the administrative tolerance.

Same 'bridge back in the days of 38 ton gross, a mate is racing out to a servo under construction, in the Lockyer. After a prolonged dry spell, a big downpour was going to float the newly planted and still unburied, underground tanks from their resting place. My mate was contracted to take a tanker full of water to the site, to avert disaster. He arrived at Gailes, knowing he was well over, at a fair pace and stopped abruptly on the plates. Of course, the scale is going up and down as the water slops back and forth. He was told to copulate off.

When working for a builder in Sydney I spent many Saturday s hauling rubbish from his house to the tip at Menai. The truck used was a tired and worn out Daihatsu two ton. One day it was concrete from the old house slab to go. The boss said the loads I was ready to take wasn't enough to make the job worth while so another slab added. I wasn't happy as I knew it was grossly over weight . When the scales gave me a read out of over 7 tons and the bill , I was just amazed I didn't get caught or robbed in. Boss didn't believe me until I gave him the dockets.

Go hard or go home, Kevin.

Originally Posted by VladTepes

Some things, I'm sure, haven't changed.
You certainly won't get rich as an owner-driver....

To make a small fortune as an o/d you need to start off with a large one!

Particularly since b-doubles were approved and freight forwarders started asking subbies to get a b-double. Yeah! Right! Carry 1 2/3 trailers of freight and get paid for 1 1/4 as "b-doubles are cheaper to run". Not for this little gear jammer. I'm gullible maybe but not stupid.

Originally Posted by Bigbjorn

A few years ago on the afternoon of Easter Thursday, we were sitting in the sales office destroying a carton and watching the traffic jam on the main road out front. A car crawled past with a caravan and a boat and trailer hitched on behind the van. We were all speechless and all spoke at once "did you see that?" I have wondered since how far he got before some observant copper or transport nazi noticed.

This can be legal in South Australia, depending upon the brake setup of the first trailer and the mass of the second trailer.

Aaron.