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QI am an engineer employed by a company engaged among other things in the movement of ISO containers. I wonder if you can tell me if there is any method required by law to secure these units to a trailer?
A There is no legally specified method of
securing containers on a vehicle. However section 76(3) of the Motor Vehicles (Construction and Use) Regulations 1969 states that "the load carried by a motor vehicle or trailer shall at all times be so secured or be in such a position that danger is not likely to be caused to any person by reason of load or any part thereof falling from the vehicle". But no guidance is given as the method of securing the load.
A code of practice called "Safety of Loads on Vehicles" published by the Department of the Environment, contains a section about containers and recommended methods of securing them. This is available from HM Stationery Office, or any bookseller price 30p. In addition posters and leaflets on the subject are available from the DoE, Vehicle Engineering Division, Room SU2 /01, St Christopher House, Southwark St, London SEl.
QIs there any restriction on driving a mobile crane, V it has more than four wheels, is under three tons and the driver is under 21? Also can a mobile crane be ran on rebated fisel?
AMobile cranes do not need an hgv
licensed driver if they do not exceed 3 tons unladen weight, as in the case you quote. The number of wheels is immaterial. If not exceeding 3 tons they can be driven by the holder of an ordinary driving licence issued under Part HI of the Road Traffic Act 1972 (formerly Part 11 of the Road Traffic Act 1960).
However, mobile cranes over 3 tons unladen require a driver who is at least 21 years old, and they may also require a driver who holds an hgv licence. Exempt from hgv licensing are over-3-ton mobile cranes which are classified as engineering plant because they do not comply fully with the Motor Vehicles (Construction and Use) Regulations for use on the road; and those which are licensed at the £5 tax rate because they only carry loads on a road when they are working on a site in the immediate vicinity.
A mobile crane which meets the C and U regulations and weighs over 3 tons unladen requires an hgv-licensed driver.
A mobile crane is liable to reduced excise duty according to Schedule 3 of the Vehicles (Excise) Act 1971 and in those circumstances where it qualifies for reduced duty it can be operated on rebated fuel.
QWith reference to 'Know the Law' CM February 2, as I employ several drivers on a part time basis who all are in regular employment with another employer, am I obliged to provide insurance cover for these persons under the Employers' Liability (Compulsory Insurance) Act 1969. If so what would the annual premium be?
A There is no exemption, provided in the
Act, for part time employees, so it is a legal requirement for you to insure them, in the same way as you do your full time staff, for the period of their employment with you. The annual premium will depend on so many variable factors that it would be far better for you to get a quotation from your own insurance company. They will require full details of the number of part time drivers you engage and the length of time they each work for you.
QI have noticed a lot qf advertisements recently, quoting the abbreviation 'MOTEC', and I assume that it is a Ministry of Transport training unit.
Have you any details of the work of this establishment, as I am seeking work in the road transport field ?
A The initials MOTEC stand for Multi
Occupation Training and Education Centre. There are two of these, one at High Ercoll, in Shropshire and the other at Livingston in Scotland. They have been built, staffed and equipped by the Road Transport Indnstry Training Board.
QI am concerned with the hire of builders' skips and I believe at the moment there is legislation pending on the use of this equipment. Can you tell me is this the case? My main concern is who is defined as the owner of the skip, do they require to be painted in a special colour and who decides where they can be positioned.
A The Road Haulage Association and
the National Federation of Building Trade Employers have recently drawn up standard conditions for the hire of builders' skips to be applied in England and Wales. This is in addition to the basic code of conduct and practice which the two bodies have already compiled. However, we assume the legislation to which you refer is that contained in the Highway' Act 1971, sections 31 and 32 where the owner is defined. This includes a person who hires a skip for more than one month or who has one under a hire purchase agreement in addition to the person who hires out the equipment. The definition therefore largely depends on who is using the skip.
If a skip is deposited on a highway without the permission of the highway authority the owner can be fined up to £100. At all times the highway authority or a police constable in uniform may require the owner of the skip to remove or reposition it and failure to do so can amount to a £50 fine.
The Act does not make any provision as to how skips shall be lit or painted but owners should seek guidance from the highway authority on this matter when applying for permission to deposit the skip.
QI am employed as an ambulancentan and in December last year, we had a Bedford Lomas ambulance delivered, built to a very detailed specification as a mobile intensive care unit.
The weight of the vehicle is four tons plus, and we have been Wormed by the police that a heavy goods vehicle driving licence is required, although the vehicle is not plated and tested.
Only two members of the staff have hgv licences, with the result that the vehicle designed for saving life has not yet been used.
Our chief ambulance officer has been in contact with the licensing authority, who told him that a hgv driving licence was not required. However when he asked for confirmation of this in writing, the clerk to the LA replied that the vehicle was not exempt from a hgv driving licence.
Could you please help on this?
A The vehicle which you describe will require plating and testing one year after it was first registered, which presumably was December 1972.
Your vehicle comes under the classification of a heavy motor car defined in Section 190 of the Road Traffic Act 1972 as 'a mechanically propelled vehicle constructed or adapted for use for the conveyance of goods or burden of any description and the unladen weight of which exceeds three tons'. Section 124 of the Act includes a heavy motor car in its interpretation of a heavy goods vehicle.
This means that under the provision of Section 112 of the Act, a heavy goods vehicle driving licence is required to drive it on the road.