To comply with their duties under the Provision and Use of Work Equipment Regulations (PUWER) 98 and general duties under the Health and Safety at Work Act 1974, employers must ensure that all employees, both new and existing, are adequately trained in order to carry out their duties safely.

The Approved Code of Practice in this case the "Rider-operated lift trucks: Operator training. Approved code of practice and guidance - L117" provides advice, guidance for employers in assisting them to comply with the above legislation.

The training of operators to use rider-operated lift trucks ("rider-operated" means any truck capable of carrying an operator and includes trucks controlled from both seated and stand-on positions, which may be fixed or fold-away) should be divided into three stages:

Employers should consider the need to provide the operator with refresher training. This should be carried out at appropriate intervals, particularly before renewing their written authorisation to operate.

Serious consideration should be given to providing refresher training where:

A There are long intervals of time between the operating of lift trucks.

B There is evidence of deterioration, or likely deteriorations (medical reasons) in operating performance

C There is a change in working practices.

D The work involves the movement of hazardous substances or operating in a hazardous environment.

This assessment, which should form part of a firm's normal monitoring procedure and be formally time-tabled to ensure that it is done at reasonable intervals and should take into account the above factors.

The guiding principle is that employers need to maintain the competence of operators to use lift trucks safely through a laid down, formal process of monitoring and assessment. Failure to comply with the above could invalidate company insurance and our advice would be to check the specifics of your own policy documents. Technically, therefore, a licence, once issued never expires, and it is not, therefore, illegal to drive a fork lift truck after the recommended 3 or 5 year period, but in the event of accident, it could be argued that the company has failed in its obligation to ensure refresher training.

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Q - Use of Fork Lift Trucks on the Public Highway

An overview - The rules at a glance

If a truck is to be used on a public highway then it must have been registered with the DVLA. New information, (May 2003), relating to the registration of fork lifts and transfer of ownership is now available Click Here

If you use so called "red diesel" fuel in your fork lift trucks, new legislation (1st April 2003) applies and for more details please Click Here

The main consideration is whether the truck will travel more than 1000 yards on the public highway.

If, on the task to be performed, the fork lift truck will travel more than 1000 yards then it must comply with Construction and Use Regulations or have type approval. This involves all sorts of legal requirements and probably quite major modifications to the truck and should not be undertaken lightly. Compliance may be quite complex. If you have a truck that fits this category click Click Here

If, on the task being performed, the Fork Lift Truck will travel less than 1000 yards, on public roads, between sites or for unloading vehicles, then there is a special dispensation. In most circumstances it can be driven with little modification but it must be insured and registered. Compliance is quite simple. This will apply to most trucks and if your truck fits into this category Click Here

Is this a public road?

Well it may seem obvious that it is but many other types of environment also qualify in law as "public roads". In fact it is not always clear what is meant by the term "public road" but one simple definition taken from a fairly recent legal case states "Where it is natural to suppose that the public may be found such as car parks, laybys, loading bays and private roads through trading or industrial estates" A court may not be persuaded that land is private where the public have and use access to it even though a sign may be displayed saying "PRIVATE PROPERTY". Often the final decision on the status of a road will rest with the courts and the best advice is to assume that the place in question is a public road.

Use of Fork Lift Trucks on the Public Highway

Registration

When a truck is defined as a "Works Truck" it must still be registered and the appropriate rate of duty paid. Please note that electrically propelled trucks are licensed in the Electric Vehicle taxation class. There is currently an exemption from the payment of Vehicle Excise Duty for such machines but they must still be registered and display a "null" tax disk

Applications for the first registration and licensing of Fork Lift Trucks should be made to the nearest local DVLA office. Applications are normally made on form V55/5. When requesting this form it it also worth obtaining copies of:

·                       Booklet V355 - Guidance notes for the completion of V55 forms

·                       Booklet V355/1 - Notes about taxation classes

The completed documentation should be submitted to the nearest local DVLA office and given the relatively unusual nature of the request it may be worth submitting in person if convenient. The following documents may be expected but will not necessarily apply:

·                       Certificate of insurance (Minimum requirement Third Party)

·                       Valid test certificate (Will not apply as there is no MOT equivalent for a fork lift truck)

·                       Type approval (Will not apply when registering as a Works Truck)

·                       The license fee

·                       Registration fee

·                       Evidence of age of the vehicle

It should be noted that number plates must always be fitted whilst the vehicle is in use on the public road. The form of plate should comply with current requirements. Plates are required on the rear of the vehicle or alternatively on either side

Use of Fork Lift Trucks on the Public Highway - May 2002

Licence Fees

Electrically propelled trucks

These are exempt from licence fees but must still display a valid tax disk with a "null" amount entered.

Works trucks fall into the Special Vehicle taxation class (See booklet V355/1, section 8)

Fork Lifts over 3500 kgs Gross vehicle weight (Includes load)

These pay the HGV rate in the special vehicles class. This should not be confused with "plating" a heavy goods vehicle and the cost is minimal in comparison

Fork Lifts under 3500 kgs Gross vehicle weight (Includes load)

These vehicles pay the Private/Light Goods (PLG) rate which again is quite minimal

Registration Fee . This is currently £25.00 and applies when the vehicle is first registered for use on the road

Exemptions A fork lift may also be exempt from payment of vehicle excise duty if:

·                       It is used soley for purposes relating to agriculture, horticulture or forestry and

·                       It is used on public roads only in passing between different areas of land occupied by the same person and

·                       The distance it travels on public roads in passing between such areas does not exceed 1.5 kilometers

Use of Fork Lift Trucks on the Public Highway - May 2002

Driver licensing

When a truck is driven on the public highway the minimum ages for the operator depend on the gross vehicle weight of the machine and are as follows:

·                       Up to 3.5 tonnes - Age 17 years

·                       Between 3.5 tonnes and 7.5 tonnes - Age 18 years

·                       Over 7.5 tonnes - Age 21 years

When classed as a works truck a category B licence is required to drive the truck on the public highway. An HGV licence is not required regardless of capacity.

Provisional licence holders may drive trucks on the public highway but this is not recommended. Current legislation restricts this provision to trucks that are adapted to carry more than one person and the following applies:

·                       A qualified driver must accompany the provisional licence holder

·                       The provisional licence must cover the vehicle being driven

·                       Learner plates must be displayed prominently on the front and the rear of the truck

·                       The driver must be properly trained to operate a fork lift in accordance with current Health and Safety Legislation

Additional Requirements when traveling unladen:

·                       Forks should be removed, folded back or fitted with marker plates

·                       Similar action should be taken with any attachments

·                       Marker plates, if used, must be suitably illuminated between sunset and sunrise

Additional Requirements when traveling laden:

·                       No part of the load shall project more than 2 metres

·                       Loads must be arranged to provide clear forward vision

Remember that it will be normally necessary to carry out a risk assessment as required under the PUWER 98 Regulations before using a truck on the public highway

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Q - Fitting and use of restraining systems on fork lift trucks - Applies from December 2002

The information that follows on the above subject forms part of the Provision and Use of Work Equipment Regulations 1998 (PUWER). Regulation 27 of PUWER refers.

In general terms, seat belts will not be required where:

Trucks of greatest concern are those which may overturn and trap the operator between the truck and the ground or allow him/her to be thrown around in the cab as the truck overturns beyond 90 degrees.

Summary of requirements

Since 5th December 2002, equipment that comes under the auspices of these regulations should be fitted with operator restraints which would normally indicate the use of some sort of seat belt arrangement.

It is acknowledged that some older trucks cannot have restraints fitted and some, such as those with unsecured batteries, would become more dangerous if they were. This problem has been overcome by making the actual use of the equipment the determining factor. This means that a risk assessment is required for each task that the truck is likely to perform. In each case an assessment must be made about the potential for overturn and if there is a chance of it then a truck fitted with restraints must be used. If there is a negligible chance that the truck could overturn then a truck without restraints may be used.

Since the safety of lift truck operators is the responsibility of the employer it follows that the employer must be responsible for the risk assessment and must be capable of identifying a low risk of truck overturn.

The regulations also have the effect that newly hired trucks be treated as new. This means that trucks coming under a new hire arrangement should be fitted with restraints. Where this is impracticable then again a risk assessment is required by the employer to justify a low risk of overturn when the truck is in use. It would be a good idea in these circumstances if the risk assessment were to be conducted jointly by the supplier and the employer and in reality many companies will do this. It should remain clear however that the final responsibility for the risk assessment rests solely with the employer.

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