Posted By Debbie S
Scenario:

We have 3 depots from which we operate a transport business from with restricted access. We own these pieces of land and as time has evolved we have created a 'road system' and have road signs, traffic management system. Our work activities mean that we use 'shunt' lorries about our depots as they are loaded. Some of the people who carry out this task are given training under PUWER as they are not class I or II drivers

We rent some of the land to 3rd parties, be it 'lorry parking' or use of smaller warehouses. They use our 'roads' to access their areas.

We have now been informed that the 'road' which they use to access their areas is classed as public road (under the highwayds act)as it has common use and we need to get our shunter drivers trained as class I or II drivers (in the event of any accident occuring).

Help please - I could go down the route of saying that anyone who operates a lorry has to have the correct licence (high cost / financial director!!) but I thought that I was right with being covered by PUWER.

Comments please

Posted By Debbie S
No the council do not maintain it - its a restricted access site and we maintian the road system, but our insurers are saying that as we allow 3rd parties to come onto the premises at our invitation, then the road system has become common ground and therefore if we injur a third party whilst carrying out our work activies we are in breach of the highways act and the police could prosecute under criminal law.

Posted By Mark Mace
if this is something that your insurers have picked up on then, you need to ascertain what they require you to do about it, if they require all vehicle operatives to undergo LGV training then your Directors will not have much choice, unless they change insurers.

personally whilst the use of the vehicle is as work equipment i would not treat it under the puwer arrangements. we run a large fleet in excess of 80 lgv's and all operatives must have had training to LGV licence standard and passed.

You may be able to convince your insurance company to accept a training certificate from an independent assessor such as offered br the RAC or AA, solely for the use of yard areas, however if there was ever an incident you are still open to prosecution by the police authorities.