Is an HGV licence required in these circumstances??
Discussion
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?
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?
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?
Good question, but not one I can answer unfortunately. I'm guessing that in additional to any licensing laws the insurance implications will be a major factor.
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.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?
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 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 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.
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
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 applyIt'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.
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.....
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.
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.
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.
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