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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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we do curb side collections of waste paper and we ride on the

Customer Question

we do curb side collections of waste paper and we ride on the tail lift of lorry when collecting on the streets is it against the law to ride and work on the tail lift
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Is there any reason you think it would be?
Customer: replied 3 years ago.

the police have told me it is now agaist the law

Expert:  Jo C. replied 3 years ago.
Sorry, can I just be clear what you are actually doing.

You are riding this vehicle on the road?

What offence did they say you were committing?
Customer: replied 3 years ago.

for jomo1972 it is a box type lorry with a tail lift we drive round doing curb side collections picking up waste paper and stand on the tail lift when moving along the road at very low speed . the police say this is now agaist the law

Expert:  Jo C. replied 3 years ago.
Did they say what offence was being committed?
Customer: replied 3 years ago.

for jomo1972 no they said if they see us doing this again there will be a £30.00 fine and possibly go to court

Expert:  Jo C. replied 3 years ago.
There is a health and safety offence under S7 or S3 of the Health and Safety at Work Act 1974 that would almost certainly be breached by this but the police wouldn't normally prosecute that and certainly wouldn't give you fixed penalty fines. That would be for health and safety inspectors.

Its difficult to say what the police are alleging really. I imagine its something under the Vehicle Construction and Use legislation as tail lifts have maximum weights.

There is an offence of carrying passengers in a dangerous manner contrary to Road Vehicles (Construction and Use) Regulations 1986 which is probably what they are alleging. Whether or not this amounts to dangerous carriage is another matter. I must admit that you see heavy goods vehicles all the time with passengers being carried on a tail lift and they don't all get fines by the police.

Overall, it would seem to me more of a health and safety matter.

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