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Bridge bashing


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21 minutes ago, SamThomas said:

What a silly comment on a serious subject.

 

21 minutes ago, SamThomas said:

 

Sorry, post deleted.

Please del from your reply also.

Edited by rab
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On ‎26‎/‎10‎/‎2021 at 22:31, phil-b259 said:

 

They do!

 

However just as your motor vehicle insurance company does not publish the full details of everybodys claim in public - the same is true of commercial vehicle insurers.

 

The only time it becomes a public matter is if the courts have to get involved (i.e. the Insurance company is refusing to pay and legal action has to be entered into. However it has been made ABUNDANTLY CLEAR the Courts several times over that the process is fair and attempts to question the payment of the NR bill (which includes compensation it has to pay TOCs for infrastructure problems plus the direct repair & inspection costs of its own staff / contractors) by motor vehicle insurers will be kicked out!

 

In the Plymouth case, the lorry was NOT OWNED OR OPERATED BY TESCO and likewise the driver was not a Tesco employee! Like most supermarkets its lorry operations are a contracted out job and thus what company logo / advertising is painted on the side of a means nothing in terms of financial liability.

 

Indeed.

 

I would urge anyone seriously interested in this point who has not already done so to read these two decisions, the first in the Court of Appeal, the second of Mr Justice Akenhead, before commenting further:

 

https://www.bailii.org/ew/cases/EWCA/Civ/2011/644.html

 

https://www.bailii.org/ew/cases/EWHC/TCC/2015/1175.html

Edited by 2251
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2 hours ago, ejstubbs said:

https://www.dailyrecord.co.uk/news/scottish-news/pictures-show-wrecked-bm-lorry-25342567

 

Not the bridge on King's Place in Perth that usually gets hit IIRC - the one in this case, on Tay Street, is 1ft higher.

Well hardly visible with all the warning hatching and big warning circle :rolleyes:

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8 hours ago, ejstubbs said:

https://www.dailyrecord.co.uk/news/scottish-news/pictures-show-wrecked-bm-lorry-25342567

 

Not the bridge on King's Place in Perth that usually gets hit IIRC - the one in this case, on Tay Street, is 1ft higher.

Still not high enough... :fool:

Double deck trailer, 17" wheels, probably 15ft6in high - at least when it left the yard that morning. And the driver clatters a bridge that is significantly too low :dontknow: . I really do despair at what sort of truck drivers are out there these days. :banghead:

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12 hours ago, F-UnitMad said:

Still not high enough... :fool:

Double deck trailer, 17" wheels, probably 15ft6in high - at least when it left the yard that morning. And the driver clatters a bridge that is significantly too low :dontknow: . I really do despair at what sort of truck drivers are out there these days. :banghead:

Based on the current driver market I doubt the driver of this trailer will be out of work for long. No excuse but  the tractor unit is a subcontractors so imagine the driver has been been pulling lower trailers for the last however long.

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3 hours ago, 37114 said:

Based on the current driver market I doubt the driver of this trailer will be out of work for long. No excuse but  the tractor unit is a subcontractors so imagine the driver has been been pulling lower trailers for the last however long.

As you say though, no excuse…….I’d been driving in a seventy limit for an hour then got nicked doing seventy mph five seconds after entering a thirty limit*…….and he is a professional.

 

All said it was an accident, a careless accident.

 

*a hypothetical situation :D 

Edited by boxbrownie
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14 minutes ago, Dagworth said:

 

Sir Peter Hendy's remarks don't quite square up, particularly in the light of the recent discussion here re. liability and insurance:

"Bridge strikes [...] drain public funds, which should be used on upgrading and improving our network."

"Network Rail looks to recover the entire repair and delay costs from the driver’s employer".

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27 minutes ago, Compound2632 said:

 

Sir Peter Hendy's remarks don't quite square up, particularly in the light of the recent discussion here re. liability and insurance:

"Bridge strikes [...] drain public funds, which should be used on upgrading and improving our network."

"Network Rail looks to recover the entire repair and delay costs from the driver’s employer".

 

I suppose there could be instances of lack of insurance, which are rare where HGVs are concerned, and the company or owner-driver goes bust as a result.

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59 minutes ago, Compound2632 said:

 

Sir Peter Hendy's remarks don't quite square up, particularly in the light of the recent discussion here re. liability and insurance:

"Bridge strikes [...] drain public funds, which should be used on upgrading and improving our network."

"Network Rail looks to recover the entire repair and delay costs from the driver’s employer".

 

You might be able to recover the costs financially, but you've still used up man hours that could

have been better used elsewhere on the network, doing those improvements and upgrades.

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9 minutes ago, Wickham Green too said:

Would that just cover the cost of repairs - or would it include compensation to the Operating Companies ?

 

As discussed quite recently just upthread, it includes the penalty NR pays to the TOCs for non-availability of service. If I've understood correctly, that can easily be the largest proportion of the amount for which the culprit's insurer is billed.

 

Unfortunately, I don't think it extends to compensation for you and I, the ordinary passenger whose journey is disrupted - but I may be wrong.

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As I understand things, passangers claim for any delay from their relevant TOC. Then there is a system whereby the TOC then if appropriate claims from NR. I presume then NR looks at the claim(s) and decides whether they are liable for the delay, if not then presumably it gets charged to the culprit. Must be quite an office somewhere sorting all  this.

Edited by johnb
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Judging by the G&WSR blogs, their bridge at Broadway has been hit a number of times and the driver has left the scene without reporting it. Assuming the same applies for Network Rail then I imagine that is what Peter Hendy means re public funds.

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