Legal check: Construction Vehicles and Mobile Plants

[Neil Enslin]

"Construction Vehicles and Mobile Plant" - Construction Regulation 21

• "Competent" person appointed in writing to Operate Construction Vehicles or Mobile Plant
• "Competent" person appointed in writing to Inspect Construction Vehicles or Mobile Plant
• All Vehicles and Plant on register and inspected at correct intervals
• All relevant Load Certificates available on site
• Valid Operators Training Certificate available
• Medical Certificates of Fitness of all Operators available on site
"Competent Person" - means a person having the knowledge, training, experience and qualifications specific to the work or task being performed.

[Theo Fourie]

Hi there, I think you should include a valid drivers licence pertaining to the specific type of vehicle. Greetings

[Neil Enslin]

Hi Theo, thank you for the in put and you are 100% correct, but can you tell us when drivers licence are not required but only training as per the DMR?

[Safety Joe]

Originally Posted by Neil Enslin

Hi Theo, thank you for the in put and you are 100% correct, but can you tell us when drivers licence are not required but only training as per the DMR?

The National Road Traffic Act states that any person operating any self-driven mobile vehicle or plant operating it within the road reserve shall have a drivers licence. The old "granfather" provision, such as tractor drivers crossing a public road from one side of a farm to the other, has been removed. Further to this the DoT included a B7 catergory licence to accommodate operators of construction plant.

[Brian]

Originally Posted by Safety Joe

The National Road Traffic Act states that any person operating any self-driven mobile vehicle or plant operating it within the road reserve shall have a drivers licence. The old "granfather" provision, such as tractor drivers crossing a public road from one side of a farm to the other, has been removed. Further to this the DoT included a B7 catergory licence to accommodate operators of construction plant.

I Guess within the road reserve are the operative words

My question is when it comes to EMV's and or FEL's etc larger machinery or such vehicles.
I have never seen any driver or operator passing out at the traffic department on such a vehicle, which 9 times out of ten are operated on private and normally enclosed property.In which case does or will a public drivers license be applicable?Is one actually required to have one? or in terms of the OHS act does an operators certificate of competency cover it.
For instance I can drive any vehicle I like all over my farm if I care to in a reasonable manner do what I like with it.
The B7 license I presume is only relevant to the use of the specialist or specialized vehicle on a public road. ?I am not even sure if one has to have a PDP.

[Safety Joe]

Originally Posted by Brian

I Guess within the road reserve are the operative words

My question is when it comes to EMV's and or FEL's etc larger machinery or such vehicles.
I have never seen any driver or operator passing out at the traffic department on such a vehicle, which 9 times out of ten are operated on private and normally enclosed property.In which case does or will a public drivers license be applicable?Is one actually required to have one? or in terms of the OHS act does an operators certificate of competency cover it.
For instance I can drive any vehicle I like all over my farm if I care to in a reasonable manner do what I like with it.
The B7 license I presume is only relevant to the use of the specialist or specialized vehicle on a public road. ?I am not even sure if one has to have a PDP.

Good day,
As stated above, "within the road reserve" are the operative words". There is no actual legal test for operators of Self Propelled Mobile Machinery and their Code B licence is sufficient to operate on any public road or property. In cases where the operate does not enter onto a public road or property only a Competent Person as defined in the Construction Regulations may operate a SPMM. Hope this helps.

[Safety Joe]

Originally Posted by Brian

I Guess within the road reserve are the operative words

My question is when it comes to EMV's and or FEL's etc larger machinery or such vehicles.
I have never seen any driver or operator passing out at the traffic department on such a vehicle, which 9 times out of ten are operated on private and normally enclosed property.In which case does or will a public drivers license be applicable?Is one actually required to have one? or in terms of the OHS act does an operators certificate of competency cover it.
For instance I can drive any vehicle I like all over my farm if I care to in a reasonable manner do what I like with it.
The B7 license I presume is only relevant to the use of the specialist or specialized vehicle on a public road. ?I am not even sure if one has to have a PDP.

Hi,
I ommitted PrDP and B7 licence reply. No PrDP is necessary and yes, Code B7 licence was instituted to accommodate SPMM operators.
A PrDP is only necessay when;
a) heavy goods vehicle, loaded or emmpty; b) bus above 3500kg GVM; c)bus or minibus with seating for more than 12 including the driver [even when there are no passengers]; d) taxi or other vehicle carrying paying passengers [eg ambulance]; e) vehicle carrying more than 12 persons, including the driver, whether or not it has enough seats and irrespective of it's weight.
Foresight Publications publishes an informative book each year titled the Professional Driver's Digest. You can contact Ken Ramsden on 021 855 2197.
Hope all this clears the muddy waters :-)