The Ethics of Pointing Out Towing Risks

“We have got a question for you, and it might even be a good one to ask your followers on your FB page.

What to do if/when you see an obviously overloaded car/van/setup.

Sometimes it could be that they are within their gvm/gcm limits but overloading the suspension on their vehicle, still a safety issue.

Should you say anything, if so how to word it?

Are you duty bound to raise it, as in duty of care and chain of responsibility, ie if you don’t say anything are you in any way responsible (legally or morally) if there is an accident? I know this is not really something that might happen, but it could sit on one’s conscience.

Maybe a nicely worded letter that one could slip under their wiper in the middle of the night “

First off there is no legal obligation for anyone to act as an enforcer of any law, at least in this way. As to a moral, ethical obligation…that’s a different matter. If you saw an obviously unsafe vehicle, said nothing, and later found that it crashed…how would that sit with you? It’s very much situation dependent and person-dependent, sociopaths need not apply for example.

Now we get into a messy situation of what is ‘unsafe’. For example, you might see a car trailer that’s grossly overloaded being pulled by an underweight vehicle, as in fact I did and made a video about it. But I did that because the rig was being pulled along a freeway at freeway speeds, in traffic, thus creating a public hazard – I didn’t have any opportunity to speak to the driver.

Now if that same rig was moving one kilometer at 25km/h between industrial sheds on a quiet Sunday morning….wouldn’t have said a word and while the weights may have been well and truly over, no public danger or risk, and I like to think in those situations even the police would cruise by and find an actual threat to society. As ever, the Venn diagram of legal and safe is not a perfect overlap, and to be fair rules need to cater to the lowest common denominator.

Another question is – how do you know it is overweight? Does that car have a GVM upgrade? Is the caravan lighter than it appears? Could you be looking at a Super Duty not a standard Ranger? And so on.

Then you have to consider the driver’s attitude. I would class them into two; those that know they’re over and don’t care, and those who don’t know, and might care. Either way it’s a tough conversation, first one you may be directed to carry out acts which are anatomically impossible, second you need to explain a bunch of technical terms.

I’ve been told at a servo I can’t tow a rear-engined car facing forwards. Well, you can, if know where the car’s CoG is relative to the trailer axles, but if all you’re doing is blindly following a rule then you wouldn’t understand that. Even though the guy was wrong, I did appreciate his approach was coming from a place of concern and did not embark on a monologue about his probable ancestry.

Some problems you see are clear oversights. For example, last week I saw a Prado stopped at traffic lights, towing, with the jockey wheel down. I leant on the horn, pointed at his car, driver got out to check, I was gone before I could see any more. I would’ve appreciated that help had it been me, and in fact earlier in the year in traffic I had a puncture on a tandem trailer which I didn’t know about till another driver pointed it out. I appreciated that, and I feel all trailer drivers need to look out for each other…those that say “oh I never make such mistakes” simply haven’t been driving trailers very long, sooner or later you’ll stuff up.

So if you find a rig which, in your view is unsafe, the approach I would take is to ask a question, not lay down the law. It is the same approach I usually take with the OldMate58s of this world. Ask them how they managed to get the weights within limits, as opposed to “hey I think you’re overweight” – which of course could be construed as meaning the occupants, leading to that suggestion of anatomically impossible manoeuvres or if you’re really unlucky, unrequested forcible assistance rendered to help you try it anyway. Or, ask another question first, and lead in.