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Ask the MAC
With Dan Crutchington, Manager – Compliance Information.
Getting the cold shoulder...
Q: One of our drivers was running out of drive time due to a motorway delay. They knew they could reach a safe location by diverting but needed to inform us. They did so by stopping on the hard shoulder. We told them that they should not have done this, but the driver wants to know what rules were broken when they did this.
A: Rule 269 of the Highway Code states that ‘You MUST NOT use a hard shoulder except in an emergency or if directed to so by the police, traffic officers or a traffic sign’. This can be found in The Motorways Traffic (England and Wales) Regulations 1982, as amended, in section 9, and The Motorways Traffic (Scotland) Regulations 1995, section 7.
As the driver was only stopping to make a call to inform you of their intentions, this would not constitute an emergency and as such would have breached the regulations.
Heads up DUI?
Q: One of our drivers was involved in an incident on the road involving street furniture. On return to site, they were tested as part of our company drug and alcohol procedure, which is instigated after any incident occurs. The result came back that they were intoxicated, and after an investigation and disciplinary procedure were dismissed. Should we notify anyone of this?
A: Unfortunately in this case, reporting this to any potential employers may be considered to be discrimination against this person, even if you believe that you may be protecting a future employer or members of the public. While the driver may have committed an offence by driving under the influence, they have not been caught by an enforcement officer and convicted of this.
If there are concerns over the fitness to drive through a medical condition, this can be reported to DVLA using the following link: GOV.UK - Drivers Medical (dvla.gov.uk)
Published On: 17/10/2024 15:00:00
