What vehicles can be driven on the road just on a car driving licence?

Rover_Driver

Insert_Nut wrote: »

My employer plays the heavy hand. Let's say for arguments sake that the response comes back that I can't drive it on the road and my employer tomorrow says I'm to take it down there. How do you figure it's going to go when I say I was told on the phone I can't do it?

As long as the JCB meets the description of a 'Digging Machine' within the meaning of regulation 51,(3), The Motor Vehicles (Driving Licences) Regulations 1999, it would be an exempt vehicle, when:
It is used on public roads for the purpose of proceeding to and from the place where it is to be or has been used, and when so proceeding does not carry any load except such as is necessary for its propulsion or equipment.

Scrapit

Insert_Nut wrote: »

What does me paying tax have to do with anything? Sorry but that went right over my head. And obviously the company I work for have my NI details.


Anyway, as for why I didn't call them then what good would that do? My employer plays the heavy hand. Let's say for arguments sake that the response comes back that I can't drive it on the road and my employer tomorrow says I'm to take it down there. How do you figure it's going to go when I say I was told on the phone I can't do it?


It's all well & good you (not necessarily you but anyone who doesn't work for this company) saying that it's on the employer to prove I can and not for me to prove I can't and maybe or maybe not that's how it's supposed to be, I genuinely don't know. I'm no expert in law, far from it.
But that's not how it works in this real world (as in the one I work in). Like I said, the employer will play the heavy hand, they start getting aggressive, arms thrown up in the air & then comes all the shouting and I really can't be bothered with it, I don't go to work for that nonsense. They'll push that I can drive it & they'll have no interest in me saying I can't. They've decided I can and in their eyes that's final.


Now if I get a response in writing and it says I can then wonderful, we can go ahead without all this hassle. Saves a lot of headache.
However if I get a response in writing that says I can't and explains the reason why then I can show them this letter and say look, it's not me being difficult but these guys say I can't legally do it. That's the reason I've done it in writing.


I would expect the company I work for to protect themselves at all times. I would expect any company to do that. Equally a company, any company, should expect their employees to wish to protect themselves at all times also, which is all I'm looking at doing - seeing if I'm good to go or not.


The fact that you guys are on here quoting this literature saying I can and that literature saying I can't just proves that it's not so crystal clear after all. If it was a simple case of this link says you can/can't and that's the end of it then great, but because so much seems to contradict so much that's why I've had to write to an official body.

Cos if they have your name and address they can track you via your no and tax details. From that they can work out who your employees is. Remember when I said the hse have more power than old bill?

Insert_Nut

Scrapit wrote: »

Cos if they have your name and address they can track you via your no and tax details. From that they can work out who your employees is. Remember when I said the hse have more power than old bill?

But do the DVLA?


I get where you're coming from but at the end of the day you must also surely see my position? It's my job and we all need one (well, apart from the lucky ones). I'm there for many hours of the week so I need to have my life as stress free as possible. I can't go in there trying to change the way the whole place is ran, that'd just make me a target. All I need to do is ensure I am legal. I am within the '4 walls' of the yard at all times and the man is dictating the rules so if I shouldn't be driving a machine on his land yet he's telling me to drive it then I would (rightly or wrongly) imagine that falls on him.


Yet when I'm on the public highway I need to ensure I am legal, which is all I'm trying to do. If it goes wrong then it's surely no longer on him but on me instead or at the very least - on both of us.




With so much disagreeing on what article of which guidelines and laws to use, are you in agreement with Rover Driver's last post, that so long as I am not carrying building materials in that bucket/shovel then I am legal (so long as the machine meets the requirements he stated)?

Rover_Driver

Insert_Nut wrote: »

But do the DVLA?

The DVLA will only be interested in respect of the conditions and restrictions when driving a 'Digging Machine' on the road (as in post 61). Health & Safety etc. may be involved in the actual use of it.

Scrapit

Insert_Nut wrote: »

But do the DVLA?


I get where you're coming from but at the end of the day you must also surely see my position? It's my job and we all need one (well, apart from the lucky ones). I'm there for many hours of the week so I need to have my life as stress free as possible. I can't go in there trying to change the way the whole place is ran, that'd just make me a target. All I need to do is ensure I am legal. I am within the '4 walls' of the yard at all times and the man is dictating the rules so if I shouldn't be driving a machine on his land yet he's telling me to drive it then I would (rightly or wrongly) imagine that falls on him.


Yet when I'm on the public highway I need to ensure I am legal, which is all I'm trying to do. If it goes wrong then it's surely no longer on him but on me instead or at the very least - on both of us.




With so much disagreeing on what article of which guidelines and laws to use, are you in agreement with Rover Driver's last post, that so long as I am not carrying building materials in that bucket/shovel then I am legal (so long as the machine meets the requirements he stated)?

Just don't get it do you?


You cannot be legal at all the whole time you drive this machine at work without training no matter where or what you do.

Let that sink in. You can't drive the machine without training legally at work because you haven't been trained. I won't state it again because that's just labouring the point. Yes I understand not wanting to rock the boat and yes I understand there are firms with bad practice. Yours is one of them. Ive been on so many health and safety course now I can't remember and this leads to me being really annoyed by people not knowing the basics. These things are not a secret. Google health and safety poster for an example.

Get trained, be legal.

Tell your boss you won't drive the machine until qualified. If he sacks you, you pretty much have an unfair dismissal case that is water tight. Then you could call in a HSE inspector that will cost him a fortune. All the power resides with you in this situation, you have them an over a barrel. Also if you carry on on it gets found out you were advised not to the hse can place a prohibition notice on you, personally. Highly unlikely in this case but still.

Insert_Nut

Thank you for your help in this thread.
I shall let you know what the official response is when/if it comes.


Have a good Christmas.

Insert_Nut

Just to update you. The HSE have responded. They may as well not have bothered. Their response was basically "here's a booklet, take a read and see what you think".
Doesn't help me in the slightest. I can read plenty of links that suggest I can and also that I can't. I need someone official to tell me what the answer is.
Maybe they basically said figure it out for yourself because they're also not sure? I gave as much info as I possibly could.


Just the DVLA to wait on now then. I'm not holding my breath that they'll be any more helpful.