Traction operators must take responsibility for third-party trailer condition

Operators have been reminded by a deputy traffic commissioner that the condition of thirdparty trailers, including those travelling unaccompanied from mainland Europe pulled by British traction providers, is the responsibility of the operator of the tractor unit, and not the trailer owner.

Simon Evans, DTC for the North East, warned operators that their O-licence could be put at risk unless they ensure that third-party trailers are in roadworthy condition before they take them on the public road.

The advice comes in a written judgment containing a formal warning for Morecambe traction specialist JM Gorry & Son. Since 2008, Gorry & Son had received 36 prohibitions, but two-thirds of them had been for the condition of trailers.

Director John and Shaun Gorry had told the DTC that their company handled up to 300 trailers a week for four main customers. The trailers had to be picked up from ports at short notice, and there was no prior notification from the customer as to the identity of the trailer.

Evans wrote: “The principal responsibility is on the operator providing the traction to ensure that both the tractor unit and the trailer are fit and that the risk will be to his licence if there are issues. This is a long-established principle and is an issue that must not be compromised. If the operator cannot be satisfied about the arrangements that the trailer owner has in place, it will be necessary for him to cease to act for that client.”

Department for Transport statistics show that in the first quarter of 2013, ferry and tunnel traffic to mainland Europe included 619,000 unaccompanied trailers. The percentage of unaccompanied trailers in European traffic is likely to increase when the Lorry Road User Charge is introduced next April.