Am I allowed to drive a forklift at work?

[new_pedestrian]

Hi.

I'm currently two months into a 13-month driving ban, and my work want me to learn how to drive a forklift truck.

I would only be driving it on private property, but it's private property to which the public have access in the form of the frequent arrival of lorries to collect goods.

I am concerned that so much as moving an inch on a forklift might be against the law since I'm disqualified from driving, and I don't want to find myself in trouble with the law just to learn something that wouldn't be part of my job anyway (I work with websites and marketing in an office). The idea behind training me is just so that I can help out if we're short-staffed.

I would be grateful for advice on this please. Many thanks.

 

[SeanJoyceStephensons]

You do need to be careful here. Imagine if you were involved in a collision with one of the lorries and the other driver decided to call the police.

You are disqualified from driving any "motor vehicle" on any "road" or public highway.

A "road" is defined as a public place with vehicular access and a definable right of way between two points.

The yard you refer to may or may not be a "public place" and a "road" in the eyes of the law.

- A "motor vehicle" is defined as a mechanically propelled vehicle intended or adapted for use on roads. It may be possible to argue that a forklift truck was not intended or adapted for use on a road

- A public place can include private property if the public have unfettered access. Unless there is a gate at the entrance preventing people entering the area without permission, or signs up saying that the area is for use only by a specific group of people (e.g staff and customers) then it is is quite possible that this will be a "public place" in the eyes of the law. The question is can anyone drive into the yard or is access restricted in some way? By way of example, most pub car parks are public places even though they are private property because any member of the public can generally drive in and park up. This has been tested in the courts many times by drink drivers caught on the pub car park. However, without seeing it for myself it is impossible for me to be certain either way.

- A definable right of way between two points usually means a separate entrance and exit with a clear right of way linking the two. Again, without seeing it for myself I cannot commit to whether the area in question fufills the definition or not.