Is an HGV licence required in these circumstances??

Is an HGV licence required in these circumstances??

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Discussion

Rockatansky

Original Poster:

1,746 posts

194 months

Monday 13th March 2023
quotequote all
Not sure if this is a question for commercial break or sp&l, to I'll start here.....

Imagine a workplace which has a couple of trucks - a bin lorry for example.

The vehicles are used around the site, but that site could most likely be described as a public place a lot of the time, i.e. there are often members of the public there in some numbers.

Numerous staff have up to 7500kg licences courtesy of grandfather rights, but these trucks are 12000kg.

Would the appropriate HGV licence be needed to drive these on site or, because they're not venturing onto the roads, does it not matter?

LunarOne

5,758 posts

144 months

Monday 13th March 2023
quotequote all
I believe that the Road traffic Act applies anywhere that is accessible to the public, even if it's private land. So you would need an appropriate licence.

2 sMoKiN bArReLs

30,589 posts

242 months

Monday 13th March 2023
quotequote all
What have the insurance company that insure the trucks & provide public liability have to say on the matter I wonder? scratchchin

Rockatansky

Original Poster:

1,746 posts

194 months

Monday 13th March 2023
quotequote all
2 sMoKiN bArReLs said:
What have the insurance company that insure the trucks & provide public liability have to say on the matter I wonder? scratchchin
Good question, but not one I can answer unfortunately.

2 sMoKiN bArReLs

30,589 posts

242 months

Monday 13th March 2023
quotequote all
Rockatansky said:
2 sMoKiN bArReLs said:
What have the insurance company that insure the trucks & provide public liability have to say on the matter I wonder? scratchchin
Good question, but not one I can answer unfortunately.
thumbup

I'm guessing that in additional to any licensing laws the insurance implications will be a major factor.

Speedyduck

5 posts

21 months

Monday 13th March 2023
quotequote all
I've asked on the professionals forum.

I'll post the responses

Rockatansky

Original Poster:

1,746 posts

194 months

Monday 13th March 2023
quotequote all
Speedyduck said:
I've asked on the professionals forum.

I'll post the responses
Thank you thumbup

LuckyThirteen

625 posts

26 months

Monday 13th March 2023
quotequote all
Not sure what CI5 will have to say on the subject. I suppose they might go and nick the drivers?

Rockatansky

Original Poster:

1,746 posts

194 months

Monday 13th March 2023
quotequote all
LuckyThirteen said:
Not sure what CI5 will have to say on the subject. I suppose they might go and nick the drivers?
biglaughclap

WilliamWoollard

2,362 posts

200 months

Monday 13th March 2023
quotequote all
Rockatansky said:
Not sure if this is a question for commercial break or sp&l, to I'll start here.....

Imagine a workplace which has a couple of trucks - a bin lorry for example.

The vehicles are used around the site, but that site could most likely be described as a public place a lot of the time, i.e. there are often members of the public there in some numbers.

Numerous staff have up to 7500kg licences courtesy of grandfather rights, but these trucks are 12000kg.

Would the appropriate HGV licence be needed to drive these on site or, because they're not venturing onto the roads, does it not matter?
If the public have access then it is a public place as far as the road traffic act is concerned. To drive without a licence you need to fence/gate it off so it can't be accessed.

It may be prudent to get the drivers their HGV C licence, yes it's a cost but not as much as if it all goes wrong one day.

Speedyduck

5 posts

21 months

Tuesday 14th March 2023
quotequote all
Can I please suggest anyone who might be interested in the 'professionals' responses, take a look on their forum?

Rockatansky

Original Poster:

1,746 posts

194 months

Tuesday 14th March 2023
quotequote all
Speedyduck said:
Can I please suggest anyone who might be interested in the 'professionals' responses, take a look on their forum?
Thanks for that. I've read the responses and appreciate my info maybe a little bit vague. I'll take a look at registering there later on to add some more info.

R0G

4,998 posts

162 months

Wednesday 15th March 2023
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Does the site have barriers or gates which could be closed ?

Rockatansky

Original Poster:

1,746 posts

194 months

Wednesday 15th March 2023
quotequote all
R0G said:
Does the site have barriers or gates which could be closed ?
Yes.

It's a sports facility, the gates are locked overnight but open during the day. There are businesses on site as well as activities involving members of the public most days. For most weekends during the summer weekend entry is by ticket only.

Ivan stewart

2,792 posts

43 months

Thursday 16th March 2023
quotequote all
Rockatansky said:
Good question, but not one I can answer unfortunately.
If they are insuring the risk surely they would say who and what license or training the users need ?
However I would think you would need to show ether a suitable license or certificate of training like you do for a forklift?

Edited by Ivan stewart on Thursday 16th March 06:12

R0G

4,998 posts

162 months

Thursday 16th March 2023
quotequote all
Rockatansky said:
Yes.

It's a sports facility, the gates are locked overnight but open during the day. There are businesses on site as well as activities involving members of the public most days. For most weekends during the summer weekend entry is by ticket only.
That is PRIVATE not public so no driving laws apply

Rockatansky

Original Poster:

1,746 posts

194 months

Thursday 16th March 2023
quotequote all
R0G said:
That is PRIVATE not public so no driving laws apply
Thank you.

I wasn't too sure how it would be interpreted. I'm well aware that it's private land, but not sure if it could be found to be a public place.

I just don't fancy being the guy that finds out in court.

Driving a bin lorry or flatbed hiab through thousands of people can focus your mind.....

944 Man

1,814 posts

139 months

Sunday 19th March 2023
quotequote all
I am surprised that they aren't insisting on the qualification, even if the entitlement has expired.

Being able to drive and being allowed to drive a C1 vehicle is not the same thing. Even having C1 experience does not set you up to drive a 12t wagon. Can they drive it? Probably, in a fashion. Can they operate it correctly and safely? Very little likelihood.

Chris32345

2,116 posts

69 months

Sunday 19th March 2023
quotequote all
R0G said:
That is PRIVATE not public so no driving laws apply
If members of the public can just drive into the yard during opening hours like a industrial unit car park type place
Driving laws do apply

blueST

4,482 posts

223 months

Sunday 2nd April 2023
quotequote all
Regardless of the public/private land situation it seems iffy to me. The employer is required by law to ensure staff are properly trained, equipped and supervised. if the worst were to happen they would need to be able demonstrate how they do those things. If they aren’t ensuring people have correct license, what are they doing instead? If there is something else in place to ensure competency to operate those vehicles then it may be ok, but it doesn’t sound like there is. The HSE would potentially take a very dim view if there were an accident.