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Case Study 12

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Gary drives a roll-on, roll-off skip for a construction company. He often works off-road on building sites and industrial estates where the road surface is not always good. The company Gary works for advises their customers that the maximum weight of the skips should not exceed 12 tonnes.
Gary often picks up skips which have been at a site for several days or even weeks and often does not know what is in them.

There are 9 multiple choice questions in this case study. Read this carefully and ensure you fully understand the scenario before starting the test. You need to score 7 out of 9 to pass.

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A That all locking devices have secured the skip to the vehicle and the automatic sheeting system (if fitted) has operated correctly
B That the ABS light has gone off
C That the customer has signed for any damage
D That the skip does not contain any asbestos
Correct Answer: A That all locking devices have secured the skip to the vehicle and the automatic sheeting system (if fitted) has operated correctly
Explanation: • That the ABS light has gone off: No, this should have been checked at the start of the duty and should not be affected by loading the skip.
• That the customer has signed for any damage: No, if the skip were damaged, the customer should be asked to view it and sign for it before it is loaded as it could be argued that the damage occurred whilst being loaded.
• That the skip does not contain any asbestos: No. it is not Gary's job to inspect the skip or to identify the content of the load.
• That all locking devices have secured the skip to the vehicle and the automatic sheeting system (if fitted) has operated correctly: Yes. it is important to check that the skip is securely fixed to the vehicle chassis and the automatic sheeting device has operated correctly and is doing its job.
2. What is a PTO? Mark one answer
A A Police Traffic Officer
B A Power Take Off device
C A Power Transfer Operation
D A Practical Training Officer
Correct Answer: B A Power Take Off device
Explanation: • A Police Traffic Officer: No.
•A Practical Training Officer: No.
• A Power Transfer Operation: No.
•A Power Take Off device: Yes, it is a means of taking mechanical or electrical power from the vehicle to allow the operation of ancillary equipment.
A The customer was told to put no more than 12 tonnes in the skip
B The customer was told to put no more than 12 tonnes in the skip
C The driver had no reason to suspect that the vehicle was overweight
D The driver was on his way to the nearest public weigh bridge
Correct Answer: D The driver was on his way to the nearest public weigh bridge
Explanation: • The driver had no reason to suspect that the vehicle was overweight: No, this would not be a defence in law.
• The customer was told to put no more than 12 tonnes in the skip: No. the customer would have no way of knowing the weight of the material in the skip.
• The employer told the driver he had to take the load away: No. the driver is ultimately responsible for the weight of his vehicle.
• The driver was on his way to the nearest public weigh bridge: Yes. Section 42 of the Road traffic Act 1988 provides for a defence if the driver can prove he was on the way to the nearest public weigh bridge.
A Gary and his employer
B Gary only
C No-one because Gary had netted the load and it was not his fault that some cardboard left the vehicle
D The customer at the refurbishment site
Correct Answer: A Gary and his employer
Explanation: • The customer at the refurbishment site: No. the customer is not deemed liable in law as it was not him 'using the vehicle on a road'.
• Gary only: No. he would not be the only person liable to prosecution.
• No-one because Gary had netted the load and it was not his fault that some cardboard left the vehicle: No. the person or persons using the vehicle will always be liable for prosecution for any insecure load no matter what the circumstances around that offence. The fact that Gary netted the load might be given as mitigation but it is not a defence to the allegation.
• Gary and his employer: Yes. both of these people could be prosecuted for using a vehicle on a road with an insecure load'.
A A recycling certificate
B A waste compliance note
C A waste transfer note
D An ADR training certificate
Correct Answer: C A waste transfer note
Explanation: •An ADR training certificate: No. this would only be required if the materials had been classified as "hazardous'.
•A recycling certificate: No.
•Waste compliance note: No.
•A waste transfer note: Yes. this note must be carried by the driver at all times when he is carrying such materials.
Correct Answer: C 32 tonnes
Explanation: • 18 tonnes: No. that would be the maximum gross weight for a 2-axle rigid.
• 26 tonnes: No. that would be the maximum weight for a 3-axle rigid.
• 40 tonnes: No. that would be the maximum gross train weight for a 5-axle articulated combination.
• 32 tonnes: Yes.
A Any overhead cables
B Loose gravel under the skip
C Speed limits
D Street lighting
Correct Answer: A Any overhead cables
Explanation: • Loose gravel under the skip: No, loose gravel under the skip would not present any real problem.
• Street lighting: No, Gary cannot control where the street lighting is or if there is any - especially on a building site.
• Speed limits: No, Gary cannot control the speed limits on a building site or do anything about them. They are likely to be very low, anyway.
• Any overhead cables: Yes, Gary will need to take account of any nearby overhead cables and the height of his vehicle, loading equipment and load. Other things that Gary would need to look out for include soft ground that might make retrieving the skip difficult, underground pipes that could collapse under the weight of the loaded skip and pedestrians, especially children, playing where he is leaving the skip.
A That it is not overweight
B That nothing is over-spilling the skip, becoming entangled with property, fences etc. and that the rear doors of the skip are secure
C That the lights on the skip are working
D That the load in the skip is evenly distributed
Correct Answer: B That nothing is over-spilling the skip, becoming entangled with property, fences etc. and that the rear doors of the skip are secure
Explanation: • That it is not overweight: No. it would be impossible to weigh the skip at this time.
• That the lights on the skip are working: No, the skip would not have its own lights.
• That the load in the skip is evenly distributed: No. it would not really be possible to tell, and there is nothing that Gary could do about it. The lifting system on the lorry can cope with an unevenly loaded skip in any case.
• That nothing is over-spilling the skip, becoming entangled with property, fences etc. and that the rear doors of the skip are secure: Yes. it is important to check that the load is secure and will not fall out on the move and that no material has been entangled with any buildings, fences etc.
A Gary and his employer
B Gary only
C Gary, his employer and the customer
D The customer at the demolition site as he overloaded the skip, despite the advice given
Correct Answer: A Gary and his employer
Explanation: • The customer at the demolition site as he overloaded the skip despite the advice given: No, the customer is not deemed liable in law as it was not him 'using the vehicle on a road'.
• Gary only: No, he would not be the only person liable to prosecution.
• Gary, his employer and the customer: No, the customer could not be prosecuted.
• Gary and his employer: Yes, both of these people could be prosecuted for 'using an overloaded vehicle on a road'.