COR Vehicle Maintenance Obligations – Don’t Get Spooked

I have just read in an opinion piece with the following comment “Other CoR parties’ (other than drivers and transport operators) maintenance responsibilities are only likely to be triggered where they observe a vehicle defect. In this case, their responsibilities are likely to involve not permitting the use of the unsafe or defective heavy vehicle and notifying the driver and operator of the suspected or actual vehicle non-compliance. ” I am extremely concerned that this will prompt COR parties other than transport operators to think they have a positive duty to inspect and confirm the maintenance of vehicles of contractors (over reaction has been the order of the day so far) and to direct contractors . THIS IS NOT THE CASE. I will go further and say that it is not even clear if there is a positive legal duty to raise concerns if observed by a person without management of control of the vehicle. Yes a good thing to do (if you are competent to do so) from a safety perspective but a legal obligation.. probably not.