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We have received a number of enquiries regarding the position in relation to the need for refresher training and what, if anything, a company needs to do to ensure that they meet their obligations, Allied Health & Safety are pleased to provide the following information. |
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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 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 |
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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. |
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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: |
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Booklet V355 - Guidance notes for the completion of V55 forms |
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Booklet V355/1 - Notes about taxation classes |
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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: |
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Certificate of insurance (Minimum requirement Third Party) |
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Valid test certificate (Will not apply as there is no MOT equivalent for a fork lift truck) |
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Type approval (Will not apply when registering as a Works Truck) |
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The license fee |
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Registration fee |
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Evidence of age of the vehicle |
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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. |
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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: |
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It is used soley for purposes relating to agriculture, horticulture or forestry and |
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It is used on public roads only in passing between different areas of land occupied by the same person and |
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The distance it travels on public roads in passing between such areas does not exceed 1.5 kilometers |
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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: |
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Up to 3.5 tonnes - Age 17 years |
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Between 3.5 tonnes and 7.5 tonnes - Age 18 years |
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Over 7.5 tonnes - Age 21 years |
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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: |
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A qualified driver must accompany the provisional licence holder |
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The provisional licence must cover the vehicle being driven |
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Learner plates must be displayed prominently on the front and the rear of the truck |
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The driver must be properly trained to operate a fork lift in accordance with current Health and Safety Legislation |
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Forks should be removed, folded back or fitted with marker plates |
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Similar action should be taken with any attachments |
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Marker plates, if used, must be suitably illuminated between sunset and sunrise |
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No part of the load shall project more than 2 metres |
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Loads must be arranged to provide clear forward vision |
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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. |
