Re: Bridge Heights

On Sat, 23 Aug 2008 23:02:10 +0100, "D1039" <patrick.hearn@xxxxxxxxxx>
wrote:


<jamessan@xxxxxxxxxxxxx> wrote in message
news:b03de0b0-3d1d-42e2-94ac-eeda24ee6deb@xxxxxxxxxxxxxxxxxxxxxxxxxxxxx
On 23 Aug, 08:47, Brian Robertson <me@[nospam].com> wrote:
McKev wrote:
As a truck driver I'm very aware of bridge heights and the heights of
the
trailers that I'm pulling. I was once told that if a rail bridge is
struck
then the TOCs charge the haulage company for the delay until the
engineer
declares the bridge safe to use again. Any truth in this?

McKev

Yes, I would imagine so. When one of our buses shed their top decks
under a bridge in Stockport (Georges Road) it is generally said to cost
the company's insurers several thousand. Bear in mind that the TOCs and
Network Rail charge each other about £60 a minute for avoidable delays,
so work out the likely cost of closing the WCML, for instance, while a
bridge is checked.

Brian.

No I think not. Usually consequential cost are not recoverable.
Obviously you would pay for the damage to the bridge but not for the
delays. For example who could say that the costs that network rail pay
for delays are reasonable ? It could get very complicated deciding
how much to pay for each strike. The figures that Network Rail and
TOC's pay to each other are purely contractual arrangements and would
not be enforcable with a third party in a court of law.

==========================

About right I think. Also contractual penalties (such as inter-railco
penalties) are not 'foreseeable and irrecoverable.

Also, untraced or uninsured drivers are paid for by the Motor Insurance
Bureau,

In the former case, only if involving personal injury or death.

paid for by as levy on all UK motor insurance policies

.... if the costs are not met in the latter case by any insurer
involved and/or the party causing loss or injury. Being insured (or
not insured) does not rule out the person causing a loss being sued or
in some cases their insurers being liable (there is a distinction
between having no insurance at all and having no _valid_ insurance
under a policy otherwise providing indemnity). See:-
http://www.budgetinsurance.com/Car-Insurance/The-Motor-Insurers-Bureau---MIB/

(The scheme actually appears to date from as long ago as 1946)

The MIB fund is a "last resort" (as described in the above article)
with other methods of civil recovery still available for use by
insurers if there is a prospect of recovery from guilty parties.
.

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