Construction machinery on public highways - the law

Diddums

Diddums

Diddums

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Help me settle a dispute here.

We have a scissor lift at work which we use for various jobs. In order to access some parts of the building we have to drive it over a pavement or a road. This is apparently uninsured and illegal.

We have pros on the case finding out a definitive answer but we're having a little debate at work and using the force of GD I will teach these fools the errors of their ways (provided you give me the answers I already have).

So:

Does a pavement count as a public highway?
Can you use machinery like a scissor lift / cherry picker / etc on a public highway?
If not, what actions need to be taken to ensure it's legal?

If you can answer any of these, that'd be fantastic. Thanks as always <3
 
If you don't have insurance, I hope you have good lawyers.

I also love the fact that this isn't a hypothetical "should we do this potentially hazardous, illegal thing?" ... it's "hey guys, we've already done this potentially hazardous and almost certainly illegal thing, what do?"

GD, I love you :heart:
 
Diddums said:
If you can answer any of these, that'd be fantastic. Thanks as always <3
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Does a pavement count as a public highway?
Yes if it is maintained as part of the highway and has been adopted by the local authority.

Can you use machinery like a scissor lift / cherry picker / etc on a public highway?
Yes with a suitable risk assessment approved and precautions taken to protect users. Barriers, footpath diversions, exclusion zones, lane closure etc.

If not, what actions need to be taken to ensure it's legal?
To move it across a road, it should be towed on a suitable trailer or carried on a low loader or HIAB type vehicle in my opinion.
 
MooMoo444 said:
So is it a public road? If so then you need to pony up insurance.
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If it's a MEWP it's classed as a none road worthy vehicle so doesn't need road tax or vehicle insurance. Same way a horse doesnt.

Saying that

http://www.facelift.co.uk/health-safety/media/Facelift Safety Guide1.pdf

Provides guidance.

Don't forget you will need a banksman. Have your rams in place and the operator will need their ipaf.
Also useful if the banksman is a trained operator for rescue situations.
 
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Normally you need a temp highway licence or other council licence to take them on the road. This is the same for having a skip or other partial obstruction. If they are to be operated actively on the road ie to reach you need to apply for road closures etc. This is only where it would block all traffic though. Best bet is to contact council.
 
If I had to find out I'd go pester some place like HSS, say I was thinking about hiring a lift, decribe your workplace and ask them how legal it was.
 
[FnG]magnolia said:
If you don't have insurance, I hope you have good lawyers.

I also love the fact that this isn't a hypothetical "should we do this potentially hazardous, illegal thing?" ... it's "hey guys, we've already done this potentially hazardous and almost certainly illegal thing, what do?"

GD, I love you :heart:
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Oi, read my post properly you goon. I never said we've done it already.

Some good food for thought here, cheers as always!
 
Kaeo said:
Normally you need a temp highway licence or other council licence to take them on the road. This is the same for having a skip or other partial obstruction. If they are to be operated actively on the road ie to reach you need to apply for road closures etc. This is only where it would block all traffic though. Best bet is to contact council.
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This, you can drive them on the road but it should be sealed off from traffic and the public, you should also have the relevant insurance and H&S documents covering it. OP don't you have a H&S department that might now a bit more?
 
MikeTheNative said:
This, you can drive them on the road but it should be sealed off from traffic and the public, you should also have the relevant insurance and H&S documents covering it. OP don't you have a H&S department that might now a bit more?
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We do, but this is above my paygrade so I'm not getting involved, it was more for us peasants. Apparently we need a licence from the City of London too.
 
Assuming you are crossing roads/pavements only, rather than remaining on them - the closest I could find is Section 20A of Vehicle Excise and Registration Act 1994 :

https://www.legislation.gov.uk/ukpga/1994/22/schedule/2#reference-c12517111

20AA vehicle is an exempt vehicle if—

(a)it is used only for purposes relating to agriculture, horticulture or forestry,

(b)it is used on public roads only in passing between different areas of land occupied by the same person, and

(c)the distance it travels on public roads in passing between any two such areas does not exceed 1.5 kilometres.]
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I would suggest this means you don't need to register it or MOT it. But you may need some form of VOSA inspection, and certainly public liability insurance at the least.

Then again, i'm no leagle eagle.
 
I think it will need to be 'licensed' but there is a 'works truck' category that allows local vicinity access to highways.
I would contact DVLA and have a look at guidance form V355/1.
Andi.
 
IIRC it depends on distance and you may be fine, if it is only for a short distance. We had a similar scenario with a work fork lift truck.

If a fork lift truck (FLT) is to travel more than 1,000 yards on a public road it must comply with the Road Vehicles (Construction & Use) Regulations 1986. This involves several legal requirements and may involve significant modifications to a truck. A FLT in excess of 3,500 Kgs gvw would need to be licensed in the HGV taxation class. A FLT 3,500 Kgs gvw or less would need to be licensed in the Private/Light Goods taxation class. To be licensed in this class its Type Approval position must be established.

If a FLT is to travel less than 1,000 yards on a public road, between sites (including crossing public highways) or for unloading vehicles, there is special dispensation. In most circumstances it can be driven with little modification; however, it must be registered and insured.
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