Executive Hire News › Archives › November 2008 › Executive Report : Towing confusion

Executive Report : Towing confusion

Drawing on his own experiences, Crosshire discusses the regulations concerning the use of trailers and the steps hirers can take to comply.

A punter recently complained that he was being “victimised” over his use of trailers, having had a couple of encounters with authority. I was not surprised because, whilst most businesses try to operate within the law, many take a ‘head in the sand’ attitude to the Road Traffic Regulations on towing. Time, however, may be running out because enforcement will eventually be in the hands of those professional Highway Officers who currently enforce HGV regulations.

The main issue is not usually the ability to pull the load, but the need to steer and stop safely. With the advent of tougher corporate liability laws we should be aware that trailers are potentially lethal weapons and our risk assessments on their use should have no place for ignorance of the regulations. Trailer use issues can be divided into a number of sections (see below).

1. Maximum Authorised Mass (MAM) - the latest jargon for maximum permissible weight or gross vehicle weight. This applies to all vehicle/ trailer combinations.
2. Category of Towing Vehicle. The tool and equipment hire industry uses a wide variety of vehicles ranging from passenger cars to sub 7.5 tonne goods vehicles. Goods vehicles of 3.5t -7.5 tonne are officially designated as sub-category C1. Cars and light commercials under 3.5 tonne are usually known by the PLG definition.
3. Who can drive what and with which licence?
4. Does the towing vehicle need a tachograph?
5. Securing the trailer to the vehicle and the load to the trailer.
6. Inspection and record keeping.

I do not intend to repeat here information already in the public domain. However, a list of relevant informative web sites is included below. The biggest concern is not so much complying with the letter of the law, but in making our trailers as safe as possible on the road.

Traceable service history

The Towing Vehicle. Many sub 3.5-tonne PLGs are only used occasionally for towing. The gaffer’s car or service vans are pressed into use when we get busy. ALL our vehicles should have a traceable service history so we can prove they are fit to tow. Tyre specifications are important and should be the best possible type for the application. If you regularly tow right up to the weight limit, consider increasing the ply rating. Each towing vehicle type should be risk assessed for correct tyre inflation. The position of the tow hitch should be correctly in line for the trailer being used, and using an adjustable type is best practice. Never tow with the trailer forced into a nose up or down position by a wrongly specified tow hitch. Fit larger mirrors if the trailer/load combination causes a rear view problem. A flashing beacon should be used when reversing or travelling on site, and keep windows and mirrors clean.

The trailer. This includes fast-tow road-going plant such as bowsers and compressors. When it comes to lack of maintenance, the poor old trailer seems to suffer more than most. Some of the samples clients haul into our yard have not been serviced properly in years! If you are unfortunate enough to have an accident, you will be required to show the service history and inspection records of your trailers, as with any other kit.

If you allow your staff to load your plant onto a trailer belonging to someone else, beware that some smart lawyer might try to involve you in litigation if things go wrong. How often does a consumer customer ask your staff to help load his (borrowed) trailer? My personnel will not do this, because we cannot know the status of the trailer or towing vehicle. The most overlooked item on a trailer is the breakaway cable. THIS MUST BE USED. There is already precedence in law that non-use significantly increases risk and, therefore, liability. When I look at trailers on the road, I am often amazed at how many cables are either not used or missing. Also, lights have always been a contentious issue for our industry, since they are easily damaged, and water ingress can cause brake lights to flash when the indicators are on. There is no obligation to have the lights fixed permanently to the trailer. If you can maintain them properly, then good luck, but it is acceptable to use a detachable towboard, which can be easily removed for service or replaced if damaged. If your trailers are likely to be hitched to vehicles with 24V electrics, a trailer board is the easiest option as you can keep both 12 and 24V versions in stock.

Tyres and number plates

Tyres are, of course, vital. Never fit anything less than the quality specified by the maker. If you have bought a bargain trailer at a sale and don’t know its origin, consult your tyre dealer for advice and note his recommendations in your records. Many cheap options are only intended for low speed use. Finally, don’t forget the number plate. The days of getting away with chalk are fading faster than the chalk in the rain. Of course, the number on the trailer is supposed to match the vehicle’s, otherwise it presents an ideal excuse for a roadside stop.

The driver. If the driver passed his car test before 1 January 1997, he can tow a vehicle and trailer combination up to 8.25 tonne MAM. An additional test is required for drivers qualified after that date. This extra tuition can be costly, so check if grants are available. The full chapter and verse on driver licensing can be obtained from the direct.gov web site below.

Tachographs. An excellent flowchart explaining when a tacho should be used is given at the National Trailer & Towing Association (NTTA) site below. If you run HGVs, your transport manager will already have a regime in place for complying with the necessary regulations. Smaller companies should be aware that, once they have identified that they DO need a tacho, they should obtain advice on all aspects of record keeping and drivers’ hours. If you don’t operate HGVs, it is probably best to weigh up whether occasional use is justified and consider hiring in transport instead. Again, ignorance and non-compliance carry potentially heavy penalties for employer and driver.

The load. My observations over many years confirm that by far the greatest risk of incident lies with the load. Overloading is of obvious concern, but the most common and potentially dangerous scenario is incorrect or inadequate securing. Just consider the forces in play when small scissor lifts or mini excavators are thrown into an outside turn on a roundabout. Unless securely lashed down, they will break away with terrible consequences. In our industry, ropes are simply not good enough, particularly as most drivers do not seem to know how to use them properly.

Inspection records

Trailers should have proper lashing eyes that are inspected regularly. The minimum recommendation for securing small machines is three tension straps or, better still, chains and ratchets. These should themselves have traceable inspection records. Small accessories like digger buckets should not be left loose: if one wheel of the trailer hits a pothole, they may be ejected into the road. When the trailed load is also the hire machine, like a small trailer boom lift, it is essential to record the service history of the chassis in addition to the actual equipment. Some of our trailer booms must spend three times longer being towed to and from jobs than they do actually working.

In some countries, trailers are required to have a separate registration identity and come under the equivalent of our MOT inspection. I am the last person to lobby for additional regulation, but I firmly believe that, if all users do not take a more responsible approach, it won’t be long before the long arm (and cost) of the law will be extended. •