Posted By Richard.P There appears to be some debate about what is a public highway. My query relates to whether the yard of a commercial fleet operator could be construed as being a public highway if it is subject to the following conditions: a) the yard is barriered &/or there is a suitable warning notice b) the yard is not maintained by the council c) the yard is not used as a walkway or road by the general public. I think that this is NOT a public highway and any injuries caused by vehicles in the yard to employees or third parties - should be covered under public liability insurance rather than motor insurance. Does anyone have a view on this? If the traffic laws do not apply in the yard, is there any legal requirement for drivers to have HGV licences if they are driving a HGV in the yard? If not, presumably you will need to demonstrate that the drivers are competent by some other means? Any ideas? It would be better for all drivers of HGV's to have a HGV licence but I am interested to learn of any situations where there have been alternative solutions.

Posted By Faye Under the Gulliksen report a definition of a highway is defined as: 'At common law a highway is a way over which all members of the public have the right to pass and repass without hindrance' Your yard area is not classed as a public highway. Hope this helps.

Posted By DavidW Richard Your yard would not be classed as a public highway from a Police point of view as the public do not have a general access. Much Road Traffic Law relates to a Highway or Public Place so could include supermarket car parks etc but not a barriered off yard as you describe. If you have drivers moving LGVs around the yard but not taking them on the road then I guess you still need to prove thay are competent to drive them but they would not require a C+E class licence. DW

Posted By Pete48 Richard, the FTA run courses for yard shunters and reversing banksman. This is one means to provide competence assurance for anyone you use as a yard shunter. (I have no commercial connection with them)