§ Earl Attleeasked Her Majesty's Government:
What is the maximum financial penalty that can be imposed for causing or permitting a goods vehicle to be overloaded; and how would this compare with the standard civil penalty for inadvertently carrying four clandestine immigrants. [HL2691]
§ Lord WhittyOn summary conviction, the maximum financial penalty for a person or goods vehicle operator who fails to comply with the prescribed maximum permitted axle or gross weight of the vehicle is £5,000. In addition, if the lorry is so overloaded that its condition is likely to involve a danger of injury, a further offence may be committed with an additional penalty of up to £5,000. Lorry drivers or haulage operators who are found to be transporting clandestine entrants are liable to a charge of £2,000 per entrant.
§ Earl Attleeasked Her Majesty's Government:
What is the maximum financial penalty available to the courts for a goods vehicle operator who has caused or permitted a vehicle to be operated with defective brakes; and how this would compare with the standard civil penalty for inadvertently carrying four clandestine immigrants; and [HL2692]
What is the maximum financial penalty available to the courts for a driver who has driven a goods vehicle when he knew or should have known that the vehicle had defective brakes; and how this would compare with the standard civil penalty for inadvertently carrying four clandestine immigrants. [HL2693]
§ Lord WhittyOn summary conviction, the maximum financial penalty for a person or goods vehicle operator who fails to comply with the prescribed construction and use requirement for brakes is £5,000 if committed in respect of a goods vehicle or a vehicle adapted to carry more than eight passengers. Lorry drivers or haulage companies who are found to be transporting clandestine entrants are liable to a charge of £2,000 per entrant.
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§ Earl Attleeasked Her Majesty's Government:
What is the maximum financial penalty that the Health and Safety Executive has secured, on conviction, against a goods vehicle operator during the last convenient 24 month period; and how this would compare with the standard civil penalty for inadvertently carrying four clandestine immigrants. [HL2695]
§ Lord WhittyThe maximum financial penalty that the Health and Safety Executive has secured, on conviction, against a freight transport operator during the last 24 months for which full records are available is £12,000. Two prosecutions have resulted in a fine of this size. Both prosecutions were taken under Section 2 of the Health and Safety at Work etc Act 1974. The first prosecution took place in September 1998 following a fatal fork lift truck accident. The second prosecution took place in October 1998 following the overturning of a gantry crane that seriously injured an employee.
Lorry drivers or haulage operators who are found to be transporting clandestine entrants are liable to a charge of £2,000 per entrant.