exhaust fumes killing my privet hedge.

exhaust fumes killing my privet hedge.

Postby lincslass61 » Sun Jul 24, 2016 10:28 am

a have a lovely privet hedge at the front of my house. but my neighbour parks his large recovery lorry outside it and before he goes out on call outs sits there with the engine running for 10/15 minutes. i had noticed a largest dead patch on my hedge which corresponds to where the exhaust pipe comes out on his lorry. but now he is parking it further back my way and another dead patch is starting. he is not the kind of neighbour that is approachable ,he is due in court soon for criminally damaging my brand new fence in the back garden. my hedge isnt a tall or anything its only about 4ft tall. i did ask the advice of a gardener who did some work for me who said it was the neighbours diesel fumes from his lorry killing my hedge ,there is about less than 3ft from his lorry to my hedge .i just wondered if there was any laws that covered this kind of thing.
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Re: exhaust fumes killing my privet hedge.

Postby Collaborate » Sun Jul 24, 2016 2:49 pm

Stationary idling is an offence under section 42 of the Road Traffic Act 1988.

The Act enforces rule 123 of the Highway Code which states: "You must not leave a vehicle engine running unnecessarily while that vehicle is stationary on a public road."
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Re: exhaust fumes killing my privet hedge.

Postby lincslass61 » Mon Jul 25, 2016 8:52 am

thank you. its now who to contact.because in my area the relevant authorities like to pass the buck. so if i ring the police they will say its a council matter etc.
i remember reporting it being parked on the foot path the police said it was highway dept matter,they said it was a council matter,council said it was a police matter.
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Re: exhaust fumes killing my privet hedge.

Postby COGGY » Mon Jul 25, 2016 9:20 am

Hi
Contact the council. Try Environmental Health and Health & Safety. Report it on line. A phone call does not need to be actioned, they can deny receiving it. An email is proof. It worked for me so worth a try. Coggy
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Re: exhaust fumes killing my privet hedge.

Postby jonahinoz » Tue Aug 09, 2016 7:34 pm

Hi Lincslass,

Contravening the RTA is a police matter, and I'd guess it is endorsable. Ask the police why they refuse to take action ... isn't that why we have Police Commisioners.

I believe that goods vehicles over 3500kg MGW need an Operators Licence, somebody with a CPC (Certificate of Professional Competance), a tachograph, and an Operating Depot.
Such vehicles should not be routinely parked in the road, overnight. Unfortunately, I am not sure if "recovery" vehicles are exempt from these rule. Your TAO (Traffic Area Office) should be able to advise.

Circa 1955, the law was changed to allow cars to park overnight on the street, without lamps, subject to certain constraints ... distance from nearest street lamp, distance from nearest corner, not on a bus route, etc. As far as I know, the same rules apply today, but usually a blind eye is turned. However, Goods Vehicles were not allowed to park without lights.

I don't know if relevant to your situation .... HGVs (over 7500kg MGW) are not allowed to park on a grass verge without authority. Parking across a dropped kerb is a "fixed penalty" offence, and can be endorsable. You need permission from your LA to park across your own dropped kerb.

I don't know about these things, but wonder if the exhaust killing your hedge is a sign that the truck is exceeding it's permissible emissions.

Good luck.

John W
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Re: exhaust fumes killing my privet hedge.

Postby jonahinoz » Tue Aug 09, 2016 7:52 pm

Hi,

I "done a Google" for RECOVERY VEHICLE OPERATORS LICENCE, came up with the following (see below). It seems that a recovery truck is exempt if being used to "rescue" a broken-down vehicle, but not if it is just being used to transport able-bodied cars. A recovery truck pays a lower class of VED, so it would be an offence to use it for anything other than recovery ... which might include using it to get home at the end of a shift. I'm not sure about simply parking on the street overnight ... I mean, it ain't recovering anything, is it? In my days in charge of a VED OFFENCE team at DVLC (circa 1983), we would always follow up reports from Joe Public.

John W

Recovery vehicles exemption
There is no doubt that a recovery vehicle is exempt from operator licensing, however, the starting point of the Goods Vehicles (Licensing of Operators) Act 1995 is that all vehicles over 3500 kgs used for the carriage of goods are in scope of operator licensing, and vehicles which are used to transport other vehicles (‘recovery’ or ‘breakdown’) fall within that definition. It’s also the case though that the Goods Vehicles (Licensing of Operators) Regulations 1995 provide numerous exemptions from operator licensing, and one of these is “a recovery vehicle”. The aforementioned Act then refers to the Vehicle Excise and Registration Act for the definition of recovery.
If a vehicle’s physical construction and use are not consistent with the definition of recovery as stipulated by the Vehicle Excise and Registration Act, and it is used for transporting vehicles, the vehicle is in scope of operator licensing. It isn’t enough for a vehicle to have all the physical attributes of a recovery vehicle; it must be used for the specific purposes detailed in the definition.
For example, a ‘breakdown’ or ‘recovery’ vehicle transporting a non-disabled car from one garage forecourt to another, would be classed as a haulage operation, despite what the towing vehicle might look like. Such a journey would fall within the scope of “carriage of goods for hire or reward”.
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