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)y Les Oldridge, T.Eng(CEI), MIMI, AMIRTE
obiIe cranes
LAFFIC LAW generally is complicated enough, but when e is dealing with the unusual vehicle there are even more 3blems to be considered.
Such is the case with mobile cranes. The Vehicle (Excise) Act 71, Schedule 3, defines a mobile crane as a vehicle designed constructed as a mobile crane which: (a) is used on public roads only, either as a crane in connection h work being carried out on a site in the immediate vicinity, or for Ipurpose of proceeding to and from a place where it is to be used a crane; (b) when so proceeding, neither carries nor hauls any load other in that necessary for its propulsion or equipment.
This definition is important to operators, because, if a vehicle s within this definition, a reduced rate of excise duty of only .50 is payable.
The question of whether or not an hgv driving licence is needed drive a mobile crane on roads is complex. Regulation 28 of theavy Goods Vehicles (Drivers Licences) Regulations 1975 states hgv licence is not necessary when driving "engineering plant.'' The same regulations goes on to say that engineering plant has same meaning as that given in Regulation 3 of the Motor hides (Construction and Use) Regulations 1973.
Turning to this Regulation 3, one finds that engineering plant is Fined in the following way: gineering plant means: • .
(a) movable plant or equipment, being a motor vehicle or ler, specially designed and constructed for the special purposes engineering operations, and Which cannot, owing to the re retnents of those purposes, comply in all respects with the iuirements of these Regulations, and which is not constructed manly to carry a load, other than a load being either excavated terials raised from the ground by apparatus on the motor vehicle trailer, or materials which the vehicle or trailer is specially ;igned to treat while carried thereon, or (b) a mobile crane which does not comply in all respects with the luirements of these Regulations.
It would seem, therefore, that if a mobile crane complies with the Ind U Regulations, an hgv licence is required. If it does not so nply, and is operated under the Motor Vehicles (Authorisation of ecial Types) General Order, 1973, an hgv driver's licence is not iuired.
Section 124 of the Road Traffic Act 1 972 defines a heavy goods licle as an articulated goods vehicle, or a goods vehicle conacted or adapted to carry or haul goods the permissible maximum ight of which exceeds 7.5 tonnes.
It could be argued that in order to comply with the Excise Act, a 'bile crane must not carry or haul any load and, because of this, it not be a heavy goods vehicle.
On the other hand, it could be held .that, as in many cases
crane itself is mounted on a standard lorry chassis, the crane :he load and this seems the more sensible view, in which se an hgv driver's licence is required.
An operator's licence is only required if goods are carried for hire reward or in connection with a trade or business.
As it is not permissible to carry goods with a mobile crane, it lows that the provisions of the Transport Act concerning )rators licensing does not apply. This view is endorsed by Paragra 16 of the 1st Schedule of Goods Vehicle (Operators' Licen Regulations 1969, wh exempts from operators licens ''A vehicle fitted with a machi appliance, apparatus or ot contrivance which is a permanen essentially permanent fixtu provided that the only goods carr on the vehicle are such as are required for use in connection with machine, appliance, apparatus or contrivance or the running of vehicle."
Mobile cranes are also exempt from plating and testing Schedule 2 (2) of the Goods Vehicle (Plating and Testing) Re lations 1971.
Generally, as mobile cranes are not load-carrying vehicles, t will fall, if over 71/4 tons, in the locomotive class and, if under weight, in the motor tractor category. Section 95 of the Trans Act 1968 states that both these classes of vehicles are subject to law concerning hours of work.
It follows, therefore, that the driver of a mobile crane will hay comply with this law.
It is likely that, owing to the nature of his work, the driver crane can take advantage of some of the concessions in the hour work law.
For example, if he is working on a site off the road, Section 96 of the Transport Act 1968, as amended, provides that no acco shall be taken of time when he is driving the vehicle in the cours work in connection with agriculture or forestry, quarrying o carrying out work in the construction, alteration, extensio maintenance of a building or of any fixed works of constructio civil engineering (including works for the construction, impr ment or maintenance of roads).
For the purpose of this exemption, where the vehicle is b driven on a road in the course of carrying out road works, it is t treated as if it were being driven elsewhere than on a road.
Section 96 (7) of the Transport Act provides that if a driver dri on a road for less than four hours a day for each day of the week, will be exempt from the drivers' hours law for all that week.
To summarise, work on site need not be counted as driving ti and if driving time on the road is less than four hours a day, drivers' hours law does not apply.
If the driver drives on a road for more than four hour g on any day of the week, the law applies for all that week.
If, for example, he drives for five hours on Monday to reach site at which he is to operate, the drivers' hours laws apply fo that week.
An even odder case is where a driver works on site all the w and exceeds the maximum permitted 11 hours working day some occasions. If he now drives on the road five hours on Friday, he will have contravened the law earlier in the week whe worked for longer than 11 hours.
If a mobile crane falls within the tractor class and complies the Construction and Use Regulations, there is a speed limit of mph; for locomotives this is reduced to 20 mph.
If the vehicle falls within the -Special Typesregulations an classified as engineering plant, then there is a speed limit of mph. If the crane is not fitted with resilient tyres, the speed limit mph.
Finally, Construction and Use Regulation 134 requires that hook of any crane shall be properly secured, so that no dang caused when the vehicle is travelling on a road.