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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I am a driver of a 26 ton refuse lorry. I was wearing my

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HI, I am a driver of a 26 ton refuse lorry. I was wearing my seat belt, however one of my adult passengers / loaders was not. My manager was out and about and saw this. As a professional driver of a HGV, my manager is holding me responsible for not making sure my crew were wearing their seat belts. He has told me by law, as the driver, I would be held responsible and incur the fine / penalty point if caught. All the research I have done suggests 'if a passenger in a commercial vehicle is over the age of 14, they are responsible for wearing their belts and not the driver'. I cannot find any suggestion that the law is different for professional HGV drivers.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I would appreciate any relevant documentation or a link to that legal documentation, so I can take it into my transport office.
Expert:  UKSolicitorJA replied 1 year ago.
Hello,
The only requirement where drivers are required to notify adult passengers to wear seat belts applies to buses carrying passengers, under S. 15B of the Road Traffic Act 1988, see here
http://www.legislation.gov.uk/ukpga/1988/52/section/15B
So, I agree with you that you are not responsible by law, however, your employer may have a different policy which may make you liable to ensure that your crew wears seat belts. This would be a disciplinary issue for you, not a legal one.
There is an exemption for drivers and passengers from wearing seat belts when going to collect anything for a maximum of 50metres.
Arguably, your vehicle is a good vehicle as it carries goods which includes refuse.
See here
https://www.askthe.police.uk/content/Q332.htm
Hope this helps
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