Where would this vehicle be driven?

You may find the insurers (underwriters) could have exclusions as to who and in what circumstances e.g. in a public park - it would be worth checking.

I would also not allow off-loading from delivery trailers on, nor travel across, the public highway (e.g. a golf course that straddles a road).

Otherwise with Dave - not on the public highway so no DVLA documentation required, just ensure they are trained to use the equipment including special risks such as banking inclines / water hazards and their manager/supervisor considers their operation suitable.

Do ensure if your D&A policy includes testing for vehicle drivers this persons name is on the list.

The law states that although not legally required but they shoud have appropriate training...I will dig the reference out later...I have only done this for group B licence holder who was driving HGV shunters...

There will be medical requirements to be met which why most people ask for a licence as this is assumed as your licence is issued taking into account the DVLA medical requirements for the class of vehicle.

You say this person can't get a licence is that medically driven or financially driven? (Excuse the pun :))

If it is medically then that is a different risk...so look or the medical requirements for plant operators.  Again I will post the link after I've had some sleep ...long shift last night seems like every child in the country became ill all at once!

What would you do  with someone who does hold a DVLA licence? treat this person in the same way in terms of training / assessment etc for this type of equipment.  You have already decided they can operate the equipment suggesting any medical or other issues have been covered, so the reason they cannot currently hold a DVLA licence is rather irrelevant.
Perhaps the greatest risk assuming the machine/s could, with the right licence, be driven on a public road, is the temptation of the individual or persuasion of supervisors / employees for this driver to drive on the road 'just on this occasion'.  
This may be the opportunity to review how the employees use this type of equipment and an excuse to complete a full refresher for all the operatives.  You may also want to review / ensure that on those occasions the machinery is used on the road that it is fully compliant - a win-win situation.

Edited by user 29 August 2019 09:27:47(UTC)  | Reason: Not specified

I would advise against using the phrase "public highway" in relation to such matters as it is slightly misleading,

The Road Traffic Act applies to vehicles used on "a road or any public place". Public places are deemd to be anywhere that the public has free access - car parks, caravan sites, shopping centres etc - lots of which are privately owned and aren't actually roads / highways.

A drive through restaurant is a public place which is subject to the Road Traffic Act, so technically, anybody using a hand held mobile phone to pay their bill is committing a driving offence!!!

Originally Posted by: stevedm

You will find that most drive throughs are private property and not subject to that rule...

Sorry Steve, I'm afraid that's incorrect advice. The Road Traffic Act is clear that it applies to "Roads and public places". If the public has free access to them, such as a drive through restaurant or supermarket, it matters not that they are privately owned. It is all about the degree of public acess, not the ownership.

For example, the courts have held that during opening hours a pub car park is subject to the RTA as people are allowed free access, but out of hours, it was held to be private (in the sense of access rather than ownership) as the puiblic were not allowed to be there.

Motorised vehicles cannot be used in public places unless suitably licened and insured. The law is currently being reviewed to require compulsory motor insurance for vehicles used on private land. This follows a european court of justice decision that a tractor used on a private farm in Solvenia should have had motor insurance (search Vnuk for information)

Originally Posted by: hilary

According to my driving licence which was issued when Henry Ford was still a boy, I can drive a mowing machine.  I have never done so but would expect that with my driving history, my authorisation to drive vehicles under category K (mowing machines, etc), that a bit of on the job training and a risk assessment would be sufficient.

However, with someone who does not drive a car and does not have a licence for this equipment, then I would suggest that formal training is a must.  I don't  think that you can claim your operative is "competent" on the strength of an assessment by a competent driver.

In a similar vein, on my first posting to Germany I attend an AFV (armoured fighting vehicle) driving course. I already had a B licence so had some road sense. But due to a quirk of military training you could attend this course with no B licence and pass your driving test in a tank (not all tracked vehicles are tanks but it's easier to explain this way). This gives you a H licence. 

So in theory you could pass your test with the smallest piece of plant equipment weighing a couple of ton to get a H licence, and if you had the money you could buy an Ex Army tracked vehicle weighing 60-70T and legally drive it on the road. Plus most tanks disposed of by the MOD are of an age where an MOT isn't required either.

The rules have changed now so you need a B licence to attned an AFV course. For those that live near Leconfield will know this as that is where the Army driving school is. Where you used to arrive with no licence and bounce through your B licence and then straight into your C. So from zero to hero in a couple of months. Quite shocking really

Coming back to the OP, perhaps if we had some idea about our employee - have they previously held a driving licence or had other training?  Have you got a competency check for the existing drivers who hold a DVLA licence?  If not and you do one for the employee, then perhaps it would be encompassing to have everyone do it?  after all, if it doesn;t take lonbg and they are already competewnt, it shouldn;t be too much of an abstraction - if they are not competent then finding out before an incident is always preferable.

Thank you everyone for your replies. 

We've now had confirmation from the insurance cmpany that as long as the HSE guidlines relating to training are followed then it isn't a problem. Anyone over the age of 16 can drive a tractor off the road as long as they have recived appropriate training.  

They have also advised that the equipment we use would (as far as they are concerned) be covered by an ATV competency course. So I think we'll put them on an EASI course to show competency. 

Thanks 

Nick 

It is important to note that driving off-road without a license is not only illegal in the Best Off Road Driving Trails in Texas, but also extremely dangerous. Even experienced drivers can encounter unexpected obstacles, accidents or conditions when off-road driving. Driving without a license means not having completed the necessary training and testing required to operate a motor vehicle safely and legally on public roads. It also means not being covered by insurance, which could lead to significant financial and legal consequences if an accident occurs. Additionally, off-road driving can have an impact on the environment and wildlife if not done responsibly. It is always recommended to follow local laws and regulations and obtain the necessary permits and licenses before driving off-road.

Interesting comment about Texan cross country off roading although I do not see any relevance to the posters question regarding gardening equipment in the UK

I suspect a Turing test.  That post reads very like the plausible-sounding but slightly off-kilter stuff that a certain chat application has recently been shown to produce.

Not just an AI, but a spamming AI.