I had a bit of a near miss with a forklift truck on the estate where I work yesterday and want a bit of information please.
There is a factory next to my office which has a warehouse about 100 yards away on the otherside of the road. Everyday they drive forklifts from the warehouse to the factory carrying all sorts of things. Yesterday one nearly hit me as I was walking across the road. I had a 'word' with the driver and noticed that the forklift had no registration number or tax disc. The driver told me that since it was only going a short distance on the road it did not need one. This sound complete bunkum to me - is it?
The road is public - lots of factories and offices around. The fork lift was one of those gas powered jobbies but they also have some battery powered ones too. I am concerned that if these are not registered and taxed they won't be insured either. What would happen if there was an accident? Can I report them to someoen?
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I have always been of the opinion that the law says you are allowed up to 1/4 of a mile from a permanent base....
eg. Diggers/dumper trucks building a new housing estate are OK
Riding your mower to mow your verge or an adjacent field,
Fork lifts operating between a warehouse and delivery lorry
etc....
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Under the various Traffic Acts etc a "motor vehicle" is defined as mechanically propelled vehicle intended or adapated for use on a road.
Whether it is intended or adapted for use on a road is a question of fact to be decided in each case.
Normal test is what would a normal reasonable person looking at the vehicle decide. Doubtful a fork lift fills the bill, so no motor vehicle and all that entails.
Dumper Trucks intended fo use solely on building sites etc probably not a motor vehicle but if able to adduce evidence that they were suitable for use on a road they may be held top be motor vehicle (Daley v Hargreaves 1961).
Grass cutter controlled by a Pedestrian or other mpv controlled by Pedestrian specified by sec of State and electrically assisted pedal cycle are specifically identified as not being motor vehicles. (S189 RTA 88)
DVD
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If this is happening on a regular basis, I would suggest that you have a word in person at your nearest police station to establish their "line", and take it from there.
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If the driving does not improve, report them to the Health and Safety executive. They looooooove things like this, the company would not know what hit them!
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I worked for a company who fork trucks daily crossed a minor road with their goods and they had to be Taxed and Registered just like your cars although at a lower rate.
Report them to the Bill and H&E, because I think they would be uninsured using a motorised vehicle on a public highway without tax etc. just like you would be.
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Use of forklifts in these circumstances is almost certainly legal for the reasons given both by DVD and Sootytailpipes . If there is a problem, and it persists , then the H&S route is the way to go as Renault Family advise .
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If you complain enough, they may put up a speed camera. Maybe the police could pull him and check tyre depth and emissions. Perhaps some speed humps or other 'speed reducing measure' like those chicane things.
Of course, you could always try looking before you cross the road, as it's not exactly difficult to spot a fork lift truck clanking along.
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The rule for farm tractors is that there is an exemption for driving short distances along or across a road, but the use has to be registered and the exemption granted. I had to supply a map to the local tax office, marking the two entrances to my property. I had to produce an insurance certificate,state why I needed to drive the tractor on the road and was then granted the exemption.
That was a few years ago, and since then tax on agricultural machines has been abolished so the need has gone.
Similar rules may apply to this situation.
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I see you remark "the road is public" EC but you also say its an industrial estate. Quite often these roads on industrial estates are not actually public roads in the legal sense and therefore registration would not be required. Certainly if the roads in question are Local Authority highways/byways they should carry reg.plates and appropriate v.e.l.
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Phil
I think you will find that it is now "road and public place"
The later part has brought in several areas previously not covered. Car Parks etc.
Unless of course there is a barrier,or sign that allows only certain members of the public access, in which case you are right.
DVD
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If you complain enough, they may put up a speed camera. Maybe the police could pull him and check tyre depth and emissions. Perhaps some speed humps or other 'speed reducing measure' like those chicane things.
Fork trucks are not the quickest of vehicles, and with their level of ground clearance, then speed humps are not really a good idea. I dont think speed is the issue here, rather inconsiderate driving.
A speed camera for forklifts.
{Wanders away chuckling}
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