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#1 Posted : 17 November 2005 13:28:00(UTC)
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Posted By Alan Murphy I was recently at a seminar when the question of workplace forklifts and workplace trucks travelling on public roads came up. For instance what if a truck has to cross a public road to get to another site of yours. Or travels down the road to another site. 1. What distance does it have to travel to require insurance etc 2. Are they exempt altogether 3. Does crossing the road automatically put it as a road user 4. What happens regarding claims etc should there be an accident. I mean there must be some sort of guidance or legislation on this, but the police were not sure and neither were the department of transport when i rung them. So is there anyone of you clever chaps know the answer to this please. Thanks Alan
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#2 Posted : 17 November 2005 13:37:00(UTC)
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Posted By Simon Carrier Alan I would be inclined to err on the side of caution and ensure that the requirements for public road use are met, License plates, tax insurance etc afterall it would be most unfortunate if the forklift was to be involved in an accident and you found out too late that you should have met those requirements. I am sure the police, who do not know, would soon point it out to the Judge in court that the forklift did not met the requirements for public road use!!!
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#3 Posted : 17 November 2005 13:39:00(UTC)
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Posted By Neil Koskie See There is some good info at this website: http://aes-training.com/2k5/fltroaduse.php Hope this helps Neil
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#4 Posted : 17 November 2005 13:41:00(UTC)
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Posted By Simon Carrier Alan I have just dug out an old copy of HS(G)6 Safe working with lift trucks and in there it states that any questions relating to the use of Lift trucks on public roads should be addressed to DVLA in Swansea. Hope that helps.
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#5 Posted : 17 November 2005 13:45:00(UTC)
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Posted By Robert K Lewis I will dib into some of these. 1) All users of the public highway must be insured 2) Exempt from what? The Vehicle excise licence ? 3)If it is on the highway it is a road user 4) It will come to the employer under the appropriate insurance certificate of cover from the claimants solicitors or insurers. Check following - valid insurance is one that a) fulfils the requirements of section 145 of the Road Traffic Act 1988[8], or article 92 of the Road Traffic (Northern Ireland) Order 1981[9], and (b) in the case of a policy of insurance complying with article 92 of the 1981 Order, is issued by an insurer within the meaning of article 12 of that Order; Bob
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#6 Posted : 17 November 2005 13:47:00(UTC)
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Posted By Edward H Try the British Industrial Trucks Assoc publication GN57 "Industrial Trucks on Public Roads" £13.75 from [http://www.bita.org.uk/content/publications.htm] I haven't read it but it sounds like it might help.
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#7 Posted : 17 November 2005 15:47:00(UTC)
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Posted By John C "....there must be some sort of guidance or legislation on this, but the police were not sure and neither were the department of transport when i rung them". Matter of interest, which 'bit' of the Dept for Transport did you ring? John
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#8 Posted : 17 November 2005 16:08:00(UTC)
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Posted By george guy i may be wrong but we were advised by "itsaar" that all plant is allowed to travel upto 1km on public roads between sites. the driver must hold the relevant plant licence and have a valid road licence. the plant must be in a roadworthy condition and carry id plates, ie licence plate. the company insurance must stipulate that mobile plant is insured to be driven on public roads. but you must remember that all roadusers are to abide by the road traffic act at all times. george
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#9 Posted : 17 November 2005 16:21:00(UTC)
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Posted By John Webster Under The Vehicle Excise and Registration Act an FLT, which is a type of "works truck", would be a "special machine", subject to a reduced rate "tax disc". Schedule 2 states: In sub-paragraph (2)(e)"works truck" means a goods vehicle which is— (a) designed for use in private premises, and (b) used on public roads only— (i) for carrying goods between private premises and a vehicle on a road in the immediate vicinity, (ii) in passing from one part of private premises to another or between private premises and other private premises in the immediate vicinity, or (iii) in connection with road works at or in the immediate vicinity of the site of the works. Unfortunately there is no definition of "immediate vicinity" However, the main advantage of having a non or limited road-use vehicle is that it can be run on reduced duty fuel, such as "red" diesel or kerosene. The savings probably far outweigh those to be had drom the "tax disc". In order to qualify for running on reduced duty fuel, the HM Customs & Excise has this to say with regard to works trucks (1) A works truck is an excepted vehicle. (2) In sub-paragraph (1) above "works truck" means a goods vehicle which is designed for use in private premises and is used on public road only: (a) for carrying goods between private premises and a vehicle on a road within one kilometre of those premises, (b) in passing from one part of private premises to another, (c) in passing between private premises and other private premises in a case where the premises are within one kilometre of each other, or (d) in connection with road works at the site of the works or within one kilometre of the site of the works. (3) In sub-paragraph (2) above "goods vehicle" means a vehicle constructed or adapted for use and used for the conveyance of goods or burden of any description, whether in the course of trade or not. So, in effect, HM Customs and Excise has defined the immediate vicinity as being 1km, and therefore in the absence of any other applicable definition of immediate vicinity it could be legitimately argued that the reduced rate of vehicle excise duty would apply for the same limited road use. However, where an applicant for a vehicle licence for a vehicle satisfies the Secretary of State that the vehicle is intended to be used on public roads— (a) only in passing from land in his occupation to other land in his occupation, and (b) for distances not exceeding an aggregate of six miles in any calendar week, the Secretary of State may, with the consent of the Treasury, declare that the vehicle is an exempt vehicle when it is being used on public roads as mentioned in paragraphs (a) and (b). Of course, you still need insurance.
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#10 Posted : 17 November 2005 19:49:00(UTC)
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Posted By Stuart Nagle Alan. I seem to recall the following: 1) plant does not need to be taxed for road use or carry registration plates provided it is 'transported' to site (even if that site is on a public highway - but not part of the public highway e.g. works site signed and barriered off etc - i.e public excluded during works). Minor permitted movement and travel on public highway permitted for the purpose of the works only, e.g. manouvering or to travel to another 'site' if that site is very close by..... 2) FLT on the other hand operate either on site and off the public highway wholly, or if using the public hgihway require licencing, taxing insuring etc, as they are not deemed to be 'plant' (in the same way that a wheeled excavator is) and are treated more or less as a commercial vehicle... I could not recall where I got this from, but reading the responses above unlocked the mists of time somewhere within the grey matter which led me to recall this... So far as the Police are concerned, they don't know...Huh...I bet they would soon find a charge against you quick enough if presented with the opportunity though.... Stuart
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#11 Posted : 18 November 2005 11:41:00(UTC)
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Posted By Andrew Brown With regards to 4 Following a judicial review after a fatal road traffic accident which was linked to work premises HSE is more likely to investigate accidents in the situations you describe. See this previous topic: http://www.iosh.co.uk/in...iew&forum=1&thread=16086
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#12 Posted : 18 November 2005 14:29:00(UTC)
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Posted By ian mcnally Alan, Glad you posted this as it made me pick the phone up to DVLC and check……. things have changed slightly over the years but in essence if your dumper or lift trucks are operating on the highway you will need to display a tax disc. However if you can prove (this may be tricky) the vehicle will not travel more than 1.5km along the highway you can apply for a “limited use” tax disc which is FOC. It will still need to comply with road traffic Act - lights – horn – indicators – good tyres etc and of course the operator will need a driving license and good idea to ensure they have been trained on the specific equipment. You probably suspected all this but at least I have provided a phone number for future reference. DVLC 01792 78 2341 Best luck Ian
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#13 Posted : 18 November 2005 16:41:00(UTC)
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Posted By Salus I remember something on farm vehicles about this. They use various types of vehicles for short distances on public roads. It might be worthwhile contacting a local farmer or DEFRA
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#14 Posted : 21 November 2005 14:56:00(UTC)
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Posted By Mark Simpson I went through this exercise a while ago trying to avoid paying road taxes etc for forklift trucks travelling between factories but using a short stretch of public road on an industrial estate. There are grounds for exemption, but unless you are in the forestry, agriculture or horticulture industries, they dont apply.
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#15 Posted : 22 November 2005 11:59:00(UTC)
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Posted By Edward H This site seems to set it all out fairly clearly... http://aes-training.com/2k5/fltroaduse.php
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#16 Posted : 22 November 2005 12:23:00(UTC)
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Posted By IT Just an experience. While working as an Inspector I traveled down a road where a Lorry was loading in a side street, I sat patiently waiting for the lorry to finish and leave as I did so a forklift came out from behind the lorry and drove down the center of the road ,no road tax , No number plates etc. After the Operator had finished abusing me for being in his way, I left my vehicle and produced my ID badge and asked for the following, his certificate, the Risk assessment, forklift maintenance records, certification and registration details Surprise none were provided (including operators certification). Prohibition notice springs to mind for the conduct of the undertaking not to endanger others by the conduct of work, lack of risk Assessments, method statements and the list goes on. The onus is on the owner/user to ensure that they do NOT impact on others, I also argued that if it were a TAXED, MOT vehicle(not exempt as plant) that was no longer taxed then it would not be permitted to operated on the road at anytime until resolved (my simple and humble view) I am sure the operator was glad to have ran into me at the time and I waved at him everyday I drove past
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#17 Posted : 23 November 2005 10:35:00(UTC)
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Posted By IT Wow that killed this post , should I add a FORMER Inspector ,to encourage further postings
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