Posted By cakey
Hi,

If an employee has had a driving licence ban due to drink driving, how does this affect their ability to operate a JCB Loadall on private land? Will they be able to use the machinery at all and if so are they covered from an insurance perspective?

I was asked the question and couldn't answer the question.

Any help is appreciated.

Regards - Cakey

Posted By Mike Draper
As a hypothetical situation there is no "legal" barrier to any individual driving any particular type of vehicle on private property, irrespective of whether or not they hold a "driving" licence.

In a work related situation, there is a duty on the employer to ensure that any employee engaged in such an activity on the employer's premises is "competent" to do so by carrying out a suitable risk assessment.

The fact of a driving ban may have an influence on whether an insurance poilcy for such activity would be held to be valid by the insurer if they felt the terms of the insurance had been violated.

Posted By Alan Woodage
Just a couple of words of caution.
Yes check with your insurers. Private land does not necissarily mean drive what you like. Check your policies / client policies, they may be worded to include in accordance with the Road Traffic ACT. private land may also be bound by byelaws especially when used for the purposes of business or where the public have rights of way / access.
Also if you know this employee is willing to breach laws in his own time what controls / risks have you considered to the operation of plant under the influence of drugs or alcohol???
This can be a very tricky issue to address and in the event of litigation could grow teeth and bite you.

Posted By LMR
To add to the cloudy water on this . . . we have plant operators that do not hold a driving licence as they do not drive their 360 excavators on the roads they do not need one; but they do hold operator tickets for plant.
We have a no alcohol or under the influence of rule on our sites so loosing a licence to alcohol could only happen outside working hours and not affect our site operations.
Again this is one where advice from insurer should be sought as they are the ones covering the risk;
Though personally i ask if there is a necessity for the employee to even inform of their ban if they do not drive company vehicles on the road and a driving licence is not part of the requirements for employment?