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DHM  
#1 Posted : 06 June 2011 13:18:34(UTC)
Rank: Forum user
DHM

Hi All

This teaser that has been put to me. We are using a quad bike whilst working on our clients site, plenty of other people around, public, contractors etc. We have been told that no licence is required as it is being driven on private property. Is this correct?

It is my understanding that a car licence is needed to drive this on the public highway, along with insurance, tax, mot, number plates etc.

Any help you can offer me would be greatfully received.

Thanks

DHM
Safety Smurf  
#2 Posted : 06 June 2011 13:45:51(UTC)
Rank: Super forum user
Safety Smurf

Hi DHM,
Not sure whether its a car or bike licence you need but you certainly need one of them on the public highway (don't count wheels to answer the question, it's decided by something really odd like it not being fitted with a reverse gear but can be backed up by hand).

Technically, no you wouldn't need as licence to drive one on private land but as a work place they must be trained. Is it all on prepared surfaces/ on the flat?
TDS1984  
#3 Posted : 06 June 2011 14:18:49(UTC)
Rank: Forum user
TDS1984

I would be fairly certain it would be a car licence to operate it on a public road, but with reference to the original post, good practice would dictate the operators should have received some form of formal ATV training as you would expect with any other work vehicle eg FLT.
Look at land based industries for guidance ie gamekeeping, agriculture.
Bob Shillabeer  
#4 Posted : 06 June 2011 14:25:20(UTC)
Rank: Super forum user
Bob Shillabeer

The question is do you need a license to drive a quad bike on private land. The answer is no you dont, not for any vehicle actually, the answer is an absolute NO. Ig you want to make a case for a liocense on the grounds of health and safety it is down to the controller of the site. If he specifies a license is required then it is required, but enforcable only through the employers position as the person who dictates it. There is no legal responsibility at all.
NickRoarty  
#5 Posted : 06 June 2011 20:10:43(UTC)
Rank: Forum user
NickRoarty

Bob,

If it's provided for use at work, surely it falls under PUWER?
cliveg  
#6 Posted : 06 June 2011 21:24:18(UTC)
Rank: Forum user
cliveg

Hello,

As others have said here, no you don't need a licence to drive these on private land.

You are right, if it is used on a road, it will need licence, MOT (if old enough) Insurance, tax etc - and it would need to be constructed in such a way as to be road legal - lights, mudguards, etc etc.

Puwer also applies as it is being used for work purposes, being classed as mobile equipment. There are companies out there that provide certificated courses in the use of all terrain vehicles for work purposes.
Canopener  
#7 Posted : 06 June 2011 22:32:34(UTC)
Rank: Super forum user
Canopener

There is a little voice niggling away in the back of my mind that says that some motoring requirements are applicable on private land where there is public access. For instance the car park at your local supermarket is probably private land, but I am not convinced that you could drive on that without a licence. Happy to be wrong though. Similarly certain offences that people assume are only applicable to public roads, such a drink driving, may well be enforceable on private, but publicly accessible land.

Not sure how relevant this is to the original post though. Just food for thought maybe.
stuie  
#8 Posted : 07 June 2011 12:59:48(UTC)
Rank: Super forum user
stuie

Also I think the operators will need to wear a crash helmet if they are 'at work' which seems strange as they do not need to wear one if they are not at work?
stuie  
#9 Posted : 07 June 2011 13:09:28(UTC)
Rank: Super forum user
stuie

Check this out DHM;
http://www.hse.gov.uk/pubns/afag701.pdf
Regards
Stuart
Phil Grace  
#10 Posted : 08 June 2011 10:08:35(UTC)
Rank: Super forum user
Phil Grace

Phil Rose is 100% correct. There is a wide interpretation of the term "Highway". It is not restricted to those roads that are covered in black tarmac and have white lines down the middle and usually yellow ones down the edges (joke...!)

The term does - as Phil recalls - extend to include private land to which the public has access. Hence without knowing a little more about the exact location/circumstances of the OPs scenario it is is diffuclt to be precise. I'd have to speak to my collegaues in the motor underwriting team to get case law but I know that it exists - many cases that have covered different sets of circumstances.

I'd suggest that a "road licence" (of the apprirtae type) would privde proof of competence to drive the vehicle.
Phil
Phil Grace  
#11 Posted : 08 June 2011 10:10:32(UTC)
Rank: Super forum user
Phil Grace

I must remember to use the spell checker...!!

"I'd suggest that a "road licence" (of the apprirtae type) would privde proof of competence to drive the vehicle."

Should have read

I'd suggest that a "road licence" (of the appropriate type) would provide proof of competence to drive the vehicle
DHM  
#12 Posted : 08 June 2011 11:27:20(UTC)
Rank: Forum user
DHM

Thanks for all responses to this.
Citizen Smith  
#13 Posted : 08 June 2011 20:36:56(UTC)
Rank: Forum user
Citizen Smith

Just to clarify the point Phil and others have made. A licence will be required if the land is designated as a road or public place. A public place is defined as an area to which the general public are permitted access (so car parks, fields used for car boot sales while so being used etc). If it is truly private land with no access for the general public then you can do pretty much what you like as far as the Road Traffic Act is concerned.

The type of licence required for use on a road or public place is determined by the kerb weight, together with the width between the wheels, can't remember if the reverse gear issue mentioned is correct or not but may well be an additional factor.

However, as was also mentioned it does come under PUWER and therefore there is the general requirement to ensure it is safe and suitable and that the operator is competent. IMHO simply having a car or motorcycle licence does not necessarily make someone competent to operate on off these things off road. I've been involved with 2 serious accidents involving these machines, 1st was a trained competent rider who just got it wrong, rolled the quad and it landed on top of him. It was on a remote section of landfill and rescue was not quick or easy, he was lucky, no major harm done. 2nd was a trespasser in a quarry flipped it backwards and broke his neck, game over for him.
They're excellent work tools but like so many things need to be respected and treated properly.
Plant trainer  
#14 Posted : 09 June 2011 10:49:42(UTC)
Rank: Forum user
Plant trainer

Not sure about the licence requirement but what I would say is don't think of it as a quad bike, think of it as another piece of mobile plant or mobile work equipment if you prefer, Suitable and sufficient safeguards would be proof of training on the equipemnt suitable risk assessments and suitable protection for the operator. It would be interesting to see where the provision of ROPS would come into the use of quad bikes. Never seen one with anything fitted but I'm pretty sure they are susceptible to overturning on rough terrain.
Plant trainer  
#15 Posted : 09 June 2011 10:55:10(UTC)
Rank: Forum user
Plant trainer

forgot to add, A recent fatality in a quarry caused by the overturn of a landrover caused the HSE to make the comment that holding a uk car licence does not make someone competent to drive an off road vehicle in an off road situation, as a result we have engaged one of our external training providers to deliver a tailored course which is being accredited through our awarding body along with a competence assessment.
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