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

Originally Posted by Bigbjorn

In 60 years of driving I have seen some eye-popping unsafe loads. The most recent was between Warwick and Dalveen. A smaller Asiatic station wagon with a larger, about 8' x 4', single axle box trailer. The trailer was piled up with a fridge-freezer, washing machine, tumble dryer, a couple of tea chests and two armchairs tied down on top. A roof rack on the wagon was carrying a three seat sofa. The wagon's interior was chocka with household goods.

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.

Driver avoids jail over fatal crash after trailer came loose from 'makeshift road train' - ABC News (Australian Broadcasting Corporation)

Originally Posted by V8Ian

Driver avoids jail over fatal crash after trailer came loose from 'makeshift road train' - ABC News (Australian Broadcasting Corporation)

A couple of points from the article:

He said Ten Vaanholt was not licensed to drive such a vehicle, while the caravan itself was not designed or certified to tow anything.

And the other point which he should be charged over whether it was hitched on the back of a caravan or a car:

When the trailer was weighed after the crash, it was found to be more than one-and-a-half tonnes over the recommended capacity.

The question I would ask is why didn't the electric brakes on both axles of the trailer work? What is that I hear? The trailer was only rated to two tonne so it only had override brakes on one axle, therefore, once the trailer had detached, it an unbraked missile.
I doubt it even the chains were securely attached.

Yeah. Lots of other things went wrong with that crash.

I'm wondering what was the GCM of the ute.

Originally Posted by V8Ian

I'm wondering what was the GCM of the ute.

I'm tipping the ute was rated to tow 3t. Maybe 3.5t.
I'm also tipping that trailer was 3.5t.
Caravans ain't weightless. 1500kg perhaps?

So, a vehicle rated to tow 3.5t was probably towing 5t.


Unless he was driving a F650.

Originally Posted by Bigbjorn

The point is it is an illegal combination in all states. Note that ALL STATES includes Victoria . See the road rules and towing regulations on the individual state web sites. apparently a private sector engineer has issued a report and someone in Vicroads accepted this thus approving an illegal vehicle to engage in an illegal activity.

See Post#128. Qld. TMR unequivocally state that this combination can not be operated legally in Qld. The Vic. VASS is not accepted by TMR and TMR has no legislative authority to approve such a combination. The only chance he has of operating in Qld as a light vehicle multi-combination is by getting a prime mover of 4.5+ tonnes Manufacturers GVM and applying for a Road Train Permit. Most unlikely that such would be granted and if granted would restrict operation under the Road Train rules. He could, of course, buy two proper trailers as well as the heavy prime mover and bung his boat and caravan up on them (road train again) or one 40' semi-trailer to take them both.

NSW RMS gave me a similar reply per a telephone call and call back to their head office in Sydney.

Are you saying "road trains" are illegal in Victoria?
At present there are road trains galore running up and down the northern end of the Calder, and along the Mallee Highway.
I spotted three today on a short drive of about ten kays along the Calder.

Cheers, Mick.

Originally Posted by Mick_Marsh

Absolutely, Homey.

Ian, the fellow in Mildura does not have a permit, never had one, does not need one.
The setup is fully registered, VASS certified and the driver is licenced.

I saw another two trailer setup NT registered (by the plates) and being driven on the road on facebook. Can't save the video.
Saw an interesting one yesterday in SA. A tractor towing a boom sprayer (booms folded) towing a Landcruiser on an A frame. Driving on highway no.1 no less.

Common in the outback to see graders towing a caravan, then "A" framing a ute or a 4x4 , and very often among the mix, there may also be a trailer with a fuel tanker.

Cheers, Mick.

<sub>The ute was a Dodge Ram, not sure the exact model but it was a BIG one.

The caravan was an American 5th wheeler.

The trailer that detached was rated to 3t, but was 1.5t over.</sub>

https://www.perthnow.com.au/news/crime/makeshift-road-train-driver-avoids-jail-over-fatal-crash-ng-b88740689z

Woah!

Even bigger than I thought.

On a fifth wheel, the Dodge ram can tow just shy of seven tonne.