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#1 Posted : 01 July 2005 10:25:00(UTC)
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Posted By Wazza Does anyone have any experience or knowledge of procedures for dealing with a FLT driver, who is banned from driving his motor car due to drink driving? I would like to relate to experience as I know the ACOP doesn't review this sort of thing, but someone must have some experience. The driver has recently retrained (within last 6 months). Thanks Warren
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#2 Posted : 01 July 2005 10:48:00(UTC)
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Posted By Chris Black Wazza His ban is for driving vehicles on a public road, or a road the public can reasonably expect access to which would normally exclude most places of work, essentially his right to drive the vehicles listed on his driving licence on the public highway has been taken away and the exclusions stop there. If the FLT is expected to cross the street or leave the area of your undertakings then you are legally bound to prevent him using it, apart from anything else your insurance will automatically exempt him from your cover by default. Unless the FLT is allowed on to public roads then you don't have an issue, assuming he can get to and from work OK without the car. There must be thousands of people who drive FLTs and other workplace vehicles that have never had road training or a driving licence. What happens outside the workplace is really no concern of the employer except in prescripted or extreme cases. If you have a procedure that addresses driver competency then you should already be doing all you can, if you suspect that he might be driving an FLT under the influence then that is a whole other matter affecting his employment in general terms.
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#3 Posted : 01 July 2005 10:55:00(UTC)
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Posted By David Mains Wazza, I cannot see why the 2 would be connected - assuming that he is not driving the FLT on the public highway (seems reasonable as he is banned) and you indicate that he has recently undergone retraining for the FLT? A seperate issue could be driving the FLT whilst under the influence but IMO you cannot assume that this will happen based on the fact that the driver drove a car whilst under the influence. You would need to have evidence that he either comes to work intoxicated or is drinking at work which again are wider issues. Regards, David
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#4 Posted : 01 July 2005 10:57:00(UTC)
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Posted By David Mains DOH! If I had only waited for Chris' response I could have saved the typing!
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#5 Posted : 02 July 2005 02:29:00(UTC)
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Posted By Brett Day Hang on a minute, I agree with all the comments made, however, some insurance companies will stipulate that if a driver is under a ban for a motoring offence that they will not insure them even if they are on private property. Might need to check your policy.
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#6 Posted : 03 July 2005 00:53:00(UTC)
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Posted By John Murgatroyd It may be educational to check what is, and isn't, a public highway WITHIN THE MEANING OF THE ROAD TRAFFIC ACT/S. Last time I checked it comprised ANYWHERE that the public had access to during the time the premises are open...ie: supermarket car parks etc. But then, the RTA has long had the term in it that a public highway is "anywhere constructed or maintained at public expense"
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#7 Posted : 03 July 2005 08:38:00(UTC)
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Posted By Dave Wilson This happened at a place I used to work, essentialy if he goes out of the yard to unload from the back of a lorry he is breaking the law! Inside the employers premises then no problem. In essence if the person cannot undertake his job due to this then the employer could reasonably send the person 'down the road' (P45 and all)
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