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LATCHY  
#1 Posted : 08 March 2016 10:50:40(UTC)
Rank: Forum user
LATCHY

Can anyone tell me/advise if you get banned form driving a road vehicle for drink driving should you/are you also banned form driving plant on site? Would it be considered best practice to also be banned from plant vehicles?
Roundtuit  
#2 Posted : 08 March 2016 11:41:02(UTC)
Rank: Super forum user
Roundtuit

Lets reverse your question - if someone does not hold a full UK (or equivalent) driving licence does that exclude them from operating plant or driving FLT on private premises? The only manner I can think of that a drink drive ban would directly impact an employee driving "for/at work" is if their contract had a specific clause regarding loss of their Road Licence resulting in dismissal - but this is not the same sanction as keeping them off the vehicle whilst remaining employed. If this was the result of a history of alcohol abuse your policy should have already kicked in long before any court appearance.
Roundtuit  
#3 Posted : 08 March 2016 11:41:02(UTC)
Rank: Super forum user
Roundtuit

Lets reverse your question - if someone does not hold a full UK (or equivalent) driving licence does that exclude them from operating plant or driving FLT on private premises? The only manner I can think of that a drink drive ban would directly impact an employee driving "for/at work" is if their contract had a specific clause regarding loss of their Road Licence resulting in dismissal - but this is not the same sanction as keeping them off the vehicle whilst remaining employed. If this was the result of a history of alcohol abuse your policy should have already kicked in long before any court appearance.
Alfasev  
#4 Posted : 08 March 2016 11:47:38(UTC)
Rank: Super forum user
Alfasev

Not from driving on private land (a fenced off site) but you are on any road freely open to the public. An example is a partially completed road on a housing development to allow residents access. However this ban this throws up numerous other issues.
LATCHY  
#5 Posted : 08 March 2016 12:04:17(UTC)
Rank: Forum user
LATCHY

Good Points, thank you very much, but another point I did not consider is, if you are working in the public domain, using a digger on a public road would the ban be enforced as you are driving a vehicle on a public road?
Alfasev  
#6 Posted : 08 March 2016 12:28:45(UTC)
Rank: Super forum user
Alfasev

This is a grey area as you can work on a public road by closing it off and some plant has no licence category but when I was contracting we decided yes, they are banned.
Mr Insurance  
#7 Posted : 08 March 2016 12:57:27(UTC)
Rank: Forum user
Mr Insurance

The Road Traffic Act applies to vehicles used in any "public place" but unhelpfully, this is not defined in the act and each circumstance will need to be considered on its own merits. If the vehicle is used anywhere where members of the public could feasibly be injured by the vehicle, it is likely to be subject to the RTA so the banned driver cannot use it. For those interested in insurance law, Mr Vnuk was knocked of his ladder by a tractor whilst working on a farm in Slovenia, and the European Court of Justice held that the requirement for compulsory insurance applies to private as well as public places. As we are (currently) bound by EU law, our own law will need to be extended to include compulsory insurance for vehicles used on private land. The UK Govt is allowed to exclude certain classes of vehicles from the requirement, but at this stage, nobody knows how it will be enacted. Speaking from the perspective of an injured party, if you get knocked over on a site or on the access road to the site, should the requirement for insurance (and thus) the availability of compensation to you be any different?
Roundtuit  
#8 Posted : 08 March 2016 23:53:32(UTC)
Rank: Super forum user
Roundtuit

Congratulations to the insurance industry - once again their penny pinching will affect the wider population. A search proved very interesting reading especially when this case was decided at the end of 2014. Would certainly impact any wide spread application of self driving vehicles (who is competently in control of the vehicle?). Given the government push on driverless cars and the need to rewrite the Road Traffic Act may explain why this case is not so widely known. Referendum soon - another example of why to leave? The topic has prompted a lot of discussion on motor sport blogs and potential consequences for go-karts, mobility scooters, farmers as only powered vehicles running on tracks seem to be exempt.
Roundtuit  
#9 Posted : 08 March 2016 23:53:32(UTC)
Rank: Super forum user
Roundtuit

Congratulations to the insurance industry - once again their penny pinching will affect the wider population. A search proved very interesting reading especially when this case was decided at the end of 2014. Would certainly impact any wide spread application of self driving vehicles (who is competently in control of the vehicle?). Given the government push on driverless cars and the need to rewrite the Road Traffic Act may explain why this case is not so widely known. Referendum soon - another example of why to leave? The topic has prompted a lot of discussion on motor sport blogs and potential consequences for go-karts, mobility scooters, farmers as only powered vehicles running on tracks seem to be exempt.
johnmurray  
#10 Posted : 09 March 2016 06:44:47(UTC)
Rank: Super forum user
johnmurray

DPP v Vivier [1991] Crim LR 637 DPP v Neville [1996] 160 JP 758 Cutter v Eagle Star Insurance Co. Ltd Clarke v Kato and Others [1998] 4 All ER 417 http://www.jamesmurrayla...ring-law/what-is-a-road/ Even if we leave, cases in other countries frame our laws and court verdicts. Even if we leave, we will STILL be required to enact international regulation or suffer financially for failing to do so. You are thinking in a national frame of mind: The country is international. It won't change even IF we vote to depart the EU. Nothing this, or any successor government can do can, or will, affect the requirement for regulations to be international. Dream on.
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