The Highway Code, rule 227, states that in wet conditions, ‘stopping distances will be at least double those required for dry roads’. The driver would need to be assessing the conditions and be adapting their driving style to maintain a safe travelling distance to ensure the safety of all involved, including other road users and members of the public.
A QUALIFIED QUESTION
One of our drivers is upskilling to a vocational licence and we are looking to put them on the road with one of our more experienced drivers so that they can understand how the vehicle behaves when loaded. Would they be able to do this?
Our interpretation is that the driver would need to have Driver CPC in order for them to take a load on the public highway. The only exemption for training is ‘used for driving instruction for, and examination of, any person wishing to obtain a driving licence or a Certificate of Professional Competence (CPC), …, provided that they are not being used for the commercial carriage of goods and passengers;’. As the driver is not receiving instruction as part of a driving lesson and is carrying a load, Driver CPC would be required.
TALL ORDER
Is there a legal height for beacons on the roof of a 3.5 tonne van which operates on the highway?
There are no specific measurements regarding heights for beacons on the roof of a 3.5t vehicle. However, any vehicle used for mobile or short duration works must have one or more amber warning beacons so that at least one beacon can be seen from any direction, at a sufficient distance to allow approaching vehicles to stop safely. In England and Northern Ireland it is strongly recommended that any vehicle stopping on the highway for works purposes is equipped with either a roof-mounted flashing amber warning light comprising of at least two independent light sources, or two independent vehicle roof-mounted flashing amber warning beacons, visible through 360 degrees.
DRUG DRIVING
Can you give me any guidance on the use of prescribed cannabis oil with regards to its effect on driving/legality?
In line with DVLA guidance, prescribers should give patients advice on driving while using medical cannabis, as they would with any other medication. This advice covers the main point that the patient should not drive if they feel impaired, and sometimes includes more specific guidance to support safe consumption. Prescribers should also consider the interaction of medical cannabis with other medications and monitor patients’ responses to their medication, including those likely to impair driving.
MOVING GAS
We have a mobile technician that carries 2 x 400g containers of Propylene (UN1077). Would this fall into scope of ADR?
This will depend on if the technician uses the product during their work or they are delivering the containers. If the technician is using the goods, then they could benefit from the ‘Exemption related to the nature of the transport operation, 1.1.3.1 (c)’. The carriage undertaken by enterprises which is ancillary to their main activity, such as deliveries to or returns from a building or civil engineering sites, or relation to surveying, repairs, and maintenance, in quantities of not more than 450 litres per packaging, including intermediate bulk containers (IBCs) and large packages, within the maximum quantities specified in 1.1.3.6. Measures shall be taken to prevent any leakage of contents in normal conditions of carriage.
If, however they were delivering the goods then they would fall under the Exemption related to quantities carried per transport unit, 1.1.3.6. For the purpose of this section, dangerous goods are assigned to transport categories 0, 1, 2, 3 or 4 as indicated in column 15 of table A of chapter 3.2. For this item, the limit would be 333ltrs and therefore the driver would require Driver Awareness Training and the vehicle would have to carry a 2kg fire extinguisher.
LICENCE TO OPERATE
We currently run a fleet of HGVs under our own O licence. We have a company that we work with which is considering purchasing a rigid 13.5t vehicle. It has approached us about putting its vehicle onto our operator licence but was wondering if this is something straightforward or, in fact, if it is even legal? We do have the scope in the margin to allow this vehicle on.
If the customer is wanting to operate the vehicle themselves and use your operator’s licence, then this would be illegal and would be classed as ‘Fronting’. The customer would have to hold their own operator’s licence.
MOVING A PRODUCT IN TWO PARTS
We have just gained a new contract where the product is in two parts. Each part would fit on a conventional trailer on its own, but it would be beneficial for our company to carry the two parts together. We do have an extendable semi-trailer in our fleet which can take both parts when in the extended position. This would mean we would only have to make one journey instead of two as would be the case on a conventional semi-trailer. Can we do this?
The allowance for using the trailer in the extended position is for the transportation of indivisible loads which cannot be carried on a conventional trailer ie, extra-long girders or bridge sections which, by their nature, cannot be reduced in length to fit onto a conventional trailer. As your load is already in two parts and can therefore fit on a conventional trailer (even though two journeys will be required) then this does not meet the criteria for using the extendable trailer in the extended position.
DEEP CUT
We recently had one of our vehicles stopped by DVSA at a roadside check point. A prohibition was issued for a cut in a tyre. We replaced the tyre immediately and had the prohibition cleared. The driver said a probe was used by the vehicle examiner when checking the tyre. Are they allowed to use a probe?
Where the examiner finds a tyre with a deep cut, they are permitted to use a probe to see if any cords are exposed or damaged. If the examiner finds exposed or damaged cords, this could attract a prohibition at the roadside. The Categorisation of vehicle defects IM 8 states: 'Tyre has a break in the fabric or deep cut or damage to the side wall or tread area – any cord exposed”. Note 4 ‘Exposed’ for this purpose means the cord is visible as seen by the naked eye or can be made visible by the use of a probe.'
*www.logistics.org.uk/mac
