ALL THINGS LICENSING


collision that obstructs the highway, is serious or involves injury, call the emergency services.


It is probably sensible, if a driver owns the vehicle, for the accident to be reported to the operator as well. It may be that the operator has procedures for dealing with a collision or breakdown on journeys, and will give them the heads up in the event of any claim.


• allowing time for delays caused by road traffic collisions or bad weather conditions


• listening to traffic news for possible delays


• where possible, avoiding night-time driving or other times of day when sleepiness is most likely (especially midnight to 6am and 2pm to 4pm)


• check weather conditions before setting off


• night and adverse weather driving should be avoided if possible. If these journeys can’t be avoided, they must be adequately planned, taking into consid- eration weather reports, road types and rest breaks


• if high winds have been predicted, avoid routes with high-level bridges or exposed sections of highway


• in winter, consider the possibility of becoming stranded and take appropriate precautions


• undertake safety checks of the vehicle, including light, reflectors, windscreen wipers and water


• ensure that lights and number plates are kept clean from snow and mud at all times


• ensure you have sufficient levels of fuel to complete your journey and allow for detours if a problem occurs


IF YOU HAVE AN ACCIDENT


Section 50(3) of the Local Government (Miscellaneous Provisions) Act 1976 requires HC or PH vehicle prop- rietors to report any accident which causes damage materially affecting the safety, performance or appear- 0ance of the vehicle, or the comfort or convenience of passengers to the licensing authority as soon as possible, or in any case within 76 hours.


If you are involved in a collision or breakdown, avoid stopping in a dangerous place if possible. Do not remain in the vehicle if you have broken down on the motorway. Park the vehicle well to the left on the hard shoulder, summon assistance and wait off the road, ideally behind the crash barrier. Put the warning triangle on the same side of the road behind the broken-down vehicle a good distance away to alert oncoming traffic.


If the vehicle is causing an obstruction, warn other traffic by using hazard warning lights and call the breakdown services. If you have been involved in a


PHTM SEPTEMBER 2024


Although often not stipulated by licence conditions, drivers should look to carry items which will help in such an eventuality, including:


• camera / • a high-visibility jacket/waistcoat •warning triangle • instructions on how to manage the incident scene • collision report form / • pen and pencil


• information sheet to exchange details with third parties / • details of who you must contact


CONCLUSION


The Health and Safety at Work Act 1974 is a vital piece of legislation designed to protect anyone, employers, employees, self-employed, the public, from the risks associated with a work activity. Its relevance to the taxi and private hire trade may not be commonly appreciated however it remains relevant and places a number of duties on all involved.


In cases where drivers are looking at potential avenues to explore concerns around workers rights, particularly if they are considered to be employees, it is vital that operators have the required policies and procedures in place.


There are also a number of duties placed upon drivers, whether acting in an employed or self-employed capacity to take reasonable care of themselves and others with the article setting out the common risks associated with driving as a profession.


Licensing and health and safety are inseparably linked and it is in everyone’s interests for the continuation of a successful licensed trade for safety requirements to be understood by drivers, proprietors and operators; and I would again encourage members of the trade to join the Institute of Licensing to ensure you have access to the resources and opportunities to further understanding of issues affecting the licensed sector.


Full details are available at: www.instituteoflicensing.org


65


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64  |  Page 65  |  Page 66  |  Page 67  |  Page 68  |  Page 69  |  Page 70  |  Page 71  |  Page 72  |  Page 73  |  Page 74