I am working for a company moving trucks around the yard and putting trailers on bays ive got an hgv1 (c+e) and have just found out the guy that is with me does not even have a basic car liecence, The public walk around where we drive, This cannot be right, what happends if he hurts someone. Im told its private property he can do what he likes. and were only about a 50 meters from a public road, how would you feel about bring a parcel into our place and a guy with a 28tonne lorry goes past you and he hasnt even taken a test. Am i wrong?
2006-08-23 17:13:42 · 12 answers · asked by sandpipper 4 in Cars & Transportation ➔ Safety
According to British Law...and this is LAW, not just hearsay/urban myth.
He is incorrect an can be prosecuted - so can the employer for not showing 'diligence' by ensuring their employees are licensed.
You can drive ANYTHING you like without a license IF (big if) the general public has NO access to the area.
Private land or not (eg Tesco's carpark), if the 'public', including workers have free access to it it is classified as 'road'.
I know of a driver who was procecuted for failing to wear a seatbelt whilst driving in a garage forecourt - private land - yes, but public access.
You CAN drive on PRIVATE land if there is no public access. However, you'll need REALLY Good public liability insurance!
eg. Karting venues - no license required, no public access (except participants) but big insurance policies!
2006-08-24 00:23:27 · answer #1 · answered by creviazuk 6 · 2⤊ 0⤋
As a householder, if you leave something on the floor, and a visitor trips up and breaks a leg, you are negligent, as you had a duty of care with regards to safeguard os persons on your property. In this respect you can be sued.
In the same instance anyone who feels that they feel unsafe with an unlicenced truck-driver driving around the yard can in effect service the company will a civil case, rather than criminal, unless there has been an accident or maybe some fatality, which could then be deemed manslaughter against the driver, and severe consequences to the company involved, but if the driver then testifies that he was told to drive the vehicle, or was knowingly allowed to drive, the company would fall in greater trouble.
In this respect the courts could slap a manslaughter, or any charge that they see fit, according to the severity of the accident to the owners of the company.
I personally think this company to be irresponsible, and if you feel the same, you should still report this to the police who would repremand or find a more tactical way to repremand the company, as public access is still provided.
If you have offered public access to a property you are as liable as being on the road, and health and safety officers would relish in the goldmine off offences your company has bypassed.
In a nutshell Duty of Care is the prime factor in this matter even though it is private land, public access has been permitted, so this opens up a whole can of worms...
2006-08-23 19:00:13 · answer #2 · answered by kirsun10 4 · 1⤊ 0⤋
If you are in the US in REAL legal terms no US citizen is required to have a drivers license period, unless they are driving commercially, but don't try it because over the last several decades judges have illegally legislated from the bench so that now it would cost millions in defense to maybe win in the US supreme court. As for private property a few of our rights do still exist, you do not have to have a drivers license (in fact a license has no relevance to driving on private property) although equipment certification and or PIT training may be required if more than one worker and or public access is granted in the area in which equipment (vehicle) is to be operated. For instance on farms children have been driving cars,trucks,tractors,combines etc. since they were invented,personally I started driving equipment and such when I was 8 years old.
2006-08-23 20:06:38 · answer #3 · answered by Robert C 1 · 0⤊ 0⤋
can't find anything about driving hgv's with out a licence on private land, can only find ref to motor scooters.
If he even reverses onto a public highway/path, even by just a few feet he would be in trouble.. the land owner would need insurance to cover any accidents by moving around his vehicles, beyond that I cant fins anything that may help? best is to check with local police, if there is a public foot path that runs through the land/industrial estate that may be different. Also is the site land owned by the boss or leased. Ethically Ti's not good practise, but I expect he can pay this chap less as he does not have his HGV?
2006-08-23 20:36:55 · answer #4 · answered by dianafpacker 4 · 1⤊ 0⤋
I'm not sure about British law on the subject (guessing that's where you're from), but operating a motor vehicle in the States on private property is ok. The guy who got caught DUI in a farm field may have been taken in on reckless conduct or some such.
As for the construction, I don't know if it's illegal, but it's certainly stupid. The company employing him is taking a great liability. They'll get reamed if an uncertified operator causes any accidents.
2006-08-23 17:24:07 · answer #5 · answered by mahgri 3 · 0⤊ 0⤋
ever since I was 10 years old I been mowing the yard with a cub cadet one and the same built in 1951 and running strong
I never been told once by the police I needed a licence for it
even if I was out ploying snow which I do every winter if it snows
I love doing that 8 horse power motor long wheel base and out pulls a 16 horse sear tractor well not realll outpulls but will pull the tractor over on the person driving itand the tractor keps going on
but I got no qums with that if he knows how to use it and I seen him do it the hel l with a license
2006-08-23 17:27:09 · answer #6 · answered by Paul G 5 · 0⤊ 0⤋
It all depends on what state you live in. Where I live there was a big hubbub about a man that was driving his car on his private property when he had an accident. A police officer saw him and went to see if he was okay. He was arrested for DWI and failure to control.....all on his own property. In fact it was in a field on his farm. Kinda crazy huh?
I would suggest you contact your local state police and ask them.
2006-08-23 17:18:51 · answer #7 · answered by Mav 6 · 1⤊ 0⤋
No, you're not wrong. I would feel very UNSAFE!
Why not let a 8 year old drive it then?........probably has the same basic knowledge of steering as well. LOL
2006-08-23 17:21:33 · answer #8 · answered by KD 3 · 1⤊ 0⤋
it's private property so you don't need a license, but the property owner can be sued if anything goes wrong
2006-08-23 17:17:46 · answer #9 · answered by Dwight D J 5 · 2⤊ 1⤋
ITS ALL DOWN TO WEATHER THE INSURANCE WILL COVER THE COMPANY
2006-08-23 23:22:35 · answer #10 · answered by RAMSBOTTOM 5 · 0⤊ 0⤋