Posted By Dot Tadman I would appreciate some help with a risk assessment for the following event which took place recently. A company recently towed a vehicle away with motorist still inside. The company which did the towing did so by using one of these types of vehicles which has a hydraulic lifting arm to remove the car from its existing place to place it onto a recovery vehicle. It then drove to the city pound with the person still in the vehicle. Regards, Dot

Posted By Dot Tadman Please everyone, I could really do with the help here. My Boss has asked for this risk assessment to be done as he saw the incident take place and wants to know the implications of the event. I'm not sure where to start as I know nothing of the legal implications of much about this type of recovery vehicle. Dot

Posted By Robert K Lewis The RAC and AA do this when they cannot undertake the breakdown repair on the carriageway and want the vehicle in a place of safety first, their own safety that is! They often use a tow bar and believe me that is scary when you are in the car. But a driver is necessary to assist vehicle control. I don't understand why the course of action was taken - ask the recovery driver he may not have had a passenger space. Bob

Posted By Dot Tadman Thank you for your responses. The person involved seemingly got into the car to stop the company towing away his car (it was to do with parking on yellow line). Surely the question should be asked as to whether this company carried out a suitable risk assessment to include carrying a passenger. I'm sure that wouldn't be covered by a generic risk assessment! ACOP 5(1) of LOLER talk about the raising or lowering of people by work equipment which is not specifically designed for the purpose, should only be undertaken in exceptional circumstances. Also are the crane and lifting accessories deemed as 'suitable for lifting persons' by the makers (guidance 8 paragraph 278 suggests that (the safe working load for equipment used to lift persons when not specifically designed for the purpose should be derated by a suitable amount such as 50% to provide an adequate (enhanced) factor of safety). On that note - has the crane been thoroughly examined in accordance with Regulation 9(3)(a)(i) specifically, have the crane and all the accessories been examined within an interval of 6 MONTHS and not the usual 12 months! What about the risk to the passenger if he decided to open his car door whilst traveling on the back of the towtruck, did they think about that. Where was the information, instruction and training for him. Am I barking up the wrong tree? Dot

Posted By Jim Walker I agree, this is nothing to do with H&S. Sounds more like kidnap to me. Pass your boss onto the lawyers.