Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
julietpowell  
#1 Posted : 08 March 2018 20:42:24(UTC)
Rank: Forum user
julietpowell

Hi hope somebody can help? (I apologise for the long post)  I received notification today that I was required to undertake DVLA checks on all FLT operators, when I questioned why (due to fact it is not a legal requirement to hold a driving licence to operate a FLT) I was informed that it was required by our insurance company. To clarify this, I was sent an email from the broker that states: ‘to confirm that motor insurance will not cover a driver who has not got a valid driving licence, which means that he/she is not covered for road risk/liability whilst driving a forklift truck whether at your/within your premises or not. Should you have an accident/incident occur involving a FLT, shunter truck etc., it is not covered by Public Liability insurance policy. This is why you cover this sort of plant under your Motor Fleet insurance for 3rd party only cover to ensure that the liability side is covered. If a driver is not covered by the fleet as he/she has not got a valid license and liability under a Public Liability policy specifically excludes injury/damage caused by motorised/motor propelled vehicles/plant, if he/she were to cause injury or property damage you are NOT covered.’ Does anybody know if this is in fact correct? I am confused as to why FLT’s are insured under the Fleet insurance, surely they have a separate insurance cover? i have also been informed that it may be illegal due to discrimination, is this correct?

Roundtuit  
#2 Posted : 08 March 2018 22:01:25(UTC)
Rank: Super forum user
Roundtuit

You need new underwriters (insurers) with an actual appreciation of business - as you have pointed out there is NO LEGAL requirement to hold a full driving licence to operate an FLT on company premises (different for the public highway) - if the insurers want it different then they should pay to get everyone licenced

At one employment our RTITB trained FLT instructor for the business did not hold a driving licence - even when the HSE came to investigate an incident this was never flagged as an issue.

They will be on your fleet insurance in the event they move on to the public highway but there are additional requirements regarding the vehicle itself e.g. licence plate, lights etc. When we had need to move on the public highway only those FLT drivers with a full driving licence were permitted to drive

Another employment we had an FLT driver who was medically barred from holding a road driving licence - HR jumped all over the H&S consultant who insisted he should be dismiised as not fit for duties the company having made reasonable adjustment under the previous Disability Act

I have also worked where an FLT driver lost their driving licence through a drink driving conviction BUT as they were not required to hold a full licence for their contracted employment they continued to operate FLT's (but be sure we were watching the start of every shift)

Fleet insurance covers those who operate vehicles on behlaf of the business on the public highway - here verifying possession of the appropriate valid licence can be justified

At my current employment we have a list of authorised drivers (subject to licence checks) which does not contain the twenty internally permitted FLT drivers at site

Comes back to other discussions of demonstrable competence - vehicle operator does not necessarily equal full driving licence

Roundtuit  
#3 Posted : 08 March 2018 22:01:25(UTC)
Rank: Super forum user
Roundtuit

You need new underwriters (insurers) with an actual appreciation of business - as you have pointed out there is NO LEGAL requirement to hold a full driving licence to operate an FLT on company premises (different for the public highway) - if the insurers want it different then they should pay to get everyone licenced

At one employment our RTITB trained FLT instructor for the business did not hold a driving licence - even when the HSE came to investigate an incident this was never flagged as an issue.

They will be on your fleet insurance in the event they move on to the public highway but there are additional requirements regarding the vehicle itself e.g. licence plate, lights etc. When we had need to move on the public highway only those FLT drivers with a full driving licence were permitted to drive

Another employment we had an FLT driver who was medically barred from holding a road driving licence - HR jumped all over the H&S consultant who insisted he should be dismiised as not fit for duties the company having made reasonable adjustment under the previous Disability Act

I have also worked where an FLT driver lost their driving licence through a drink driving conviction BUT as they were not required to hold a full licence for their contracted employment they continued to operate FLT's (but be sure we were watching the start of every shift)

Fleet insurance covers those who operate vehicles on behlaf of the business on the public highway - here verifying possession of the appropriate valid licence can be justified

At my current employment we have a list of authorised drivers (subject to licence checks) which does not contain the twenty internally permitted FLT drivers at site

Comes back to other discussions of demonstrable competence - vehicle operator does not necessarily equal full driving licence

Charlie Brown  
#4 Posted : 08 March 2018 22:28:22(UTC)
Rank: Forum user
Charlie Brown

Hi Juliet, I agree with Roundtuit that there is no legal requirement for a forklift operator to hold a valid driving licence unless of course they are driving it on a public road, in which case they do and the FLT must also be taxed, insured to a minimum of third party liability and registered for road use. (there is some debate about whether this applies to short distances across roads etc)

If they are not being used on public roads I can't see why they would be insured as motor vehicles, perhaps it was just cheaper to have them included on your fleet insurance?

Edited by user 08 March 2018 22:34:25(UTC)  | Reason: Not specified

Mr Insurance  
#5 Posted : 09 March 2018 08:52:45(UTC)
Rank: Forum user
Mr Insurance

The reference to "Public highway" and "public road" in the above posts are slightly incorrect. The Road Traffic Act 1998 applies to use of a motorised vehicle on a road or public place.

Public place isnt defined, but has been held by the courts to be anwhere where the public have free access - car parks, caravan sites, sports grounds etc.

The Public Liability wording is likely to exclude liability which is subject to the Road Traffic Act, but should include other liability arising out of the use of a  vehicle. As this is a very grey area and will be subject to the specific circumstances of a property, some insurers may exclude all liability arising ot of the use of a motorised vehicle to avoid any ambiguity.

Going forward, the UK RTA needs to be amended to make motor insurance compulsory for all use of a motor vehicle no matter where it is used. This follows a ECJ judgement in the "Vnuk" case for anyody who whishes to use Mr Google. The lawmakers are still trying to find a suitable wording that will not require F1 cars etc to have motor insurance!

Hsquared14  
#6 Posted : 09 March 2018 08:53:00(UTC)
Rank: Super forum user
Hsquared14

I agree with everyone else - unless you are taking the FLTs out onto the road this is a nonsense.  If your broker has tried to include your internal FLT fleet on the general fleet insurance for vehicles travelling on the highway then get a new broker who knows what they are doing as the fleet insurance will not provide cover for vehicles operating solely within your premises. 

julietpowell  
#7 Posted : 09 March 2018 19:06:32(UTC)
Rank: Forum user
julietpowell

thank you all for confirming what i suspected. I have raised this with the CEO today and he is going to rectify the situation. He has said he will remove all FLT/Plant from the motor fleet insurance and insure under Plant insurance. 

Users browsing this topic
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.