Friday, 12 December 2008

Advice and guidance on the application of road traffic legislation to roads in docks

http://www.hse.gov.uk/foi/internalops/sectors/cactus/050803.htm

There have been a number of serious and fatal accidents recently involving vehicles on roads in and around ports. It is not always clear what legislation applies to such roads, and the relative roles of the HSE and the police in any investigation. This SIM draws attention to the various forms of legislation and guidance on road traffic in docks, and should be read in conjunction with other existing guidance on HSE's policy on investigation of road traffic incidents.

Docks Regulations 1988
21 Pertinent sections of the Dock Regulations 1988 that deal with vehicles and traffic management include:
regulation 2 interpreting certain words and phrases used within the regulations including definitions of “dock operations”, “dock premises” and “vehicle”;
regulation 11 requiring employer to authorise who can drive and operate powered vehicles and lifting appliances;
and regulation 12 requiring vehicles to be properly maintained, a safe means for vehicle movement to be provided with adequate arrangements to control traffic including proper signs and markings.
Workplace (Health, Safety and Welfare) Regulations 1992
22 Pertinent sections of the Workplace (Health, Safety and Welfare) Regulations 1992 include:
regulation 2 interpreting certain words and phrases used within the regulations including definitions of “workplace”, “traffic route” and “public road”;
regulation 12 requiring floors of workplaces and traffic route surfaces to be suitable for use;
and regulation 17 requiring workplaces to be organised so that vehicles and pedestrians can circulate safely and traffic routes are suitable for use.
23 It should be noted that these regulations do not apply to ships - Regulation 3(1a).

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