Legal implications of operating vehicles on the Public Highway

							Legal implications of operating
   vehicles on the Public
           Highway
      Graeme S Baxter
          28 June 2010
What we do;

Testing &
Inspection

Enforcement

Operator
 Licensing

MOT Scheme
Harsh Realities;

• HGVs are involved in at least 27% of motorway accident
  delays and a higher proportion of motorway “incidents”
  interrupting traffic
  Ref: HA Cost of Non-Compliance



• Annual HGV initial MOT failure rate around 28%.


• Based on targeted effort, 31% of HGVs stopped at
  roadside in South-East last year were unroadworthy, the
  figure rises to 50% for foreign vehicles
  Ref: HA Cost of Non-Compliance
Legislation;

• Construction & Use;
  – Mechanical „fit for purpose‟
  – Weight limits
  – Vehicle testing
• Administrative;
  – HGV & PSV Operator Licensing
• Driver qualification;
  – Licensing and Certificate of Competency (CPC)
Legislation;

• Driver fatigue
  – Drivers hours rules & record keeping;
     • European & AETR
     • Domestic
  – Road Transport (Working Time) Regulations
• Carriage of Hazardous Materials;
  – Driver qualifications / vehicle suitability
  – Operator premises
C&U; vehicle condition

• A drivers‟ before first use check of vehicle
  condition;
C&U; vehicle condition
C&U; vehicle condition
Weight Limits;
Vehicle Testing;
HGV & PSV „O‟ Licence;

• Goods Vehicles > 3.5 tonnes
• PSV > 8 passenger seats
Driver Qualification; licencing
Driver qualification; CPC
 Driver Fatigue; drivers hours

A fatigued driver is more likely to make
mistakes
Driver Fatigue;

Detecting
illegal
practises
Hazardous Goods;


• Is the driver correctly trained / equipped?

• Does Operator have required systems in
  place?

• Are premises and vehicles secure when
  carrying „High Consequence‟ loads?
Load security;
Further Information;
Further Information;




www.businesslink.gov.uk/transport
Questions;