Crosswords1 min ago
Lorries Carrying Flammable Liquid
Does anyone know the law regarding a lorry carrying flammable liquid parked in a residential car park surrounded by houses and flats and about 200 yards from someones home.
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If it is diesel, that is fine, it is not considered a hazardous fuel. Petrol is another matter. 333kg can be carried in proper storage and a fire extinguisher before. A truck is a different matter and I am trying to find the UK regulation.
However, I would call the police if in doubt and warn them of the presence.
However, I would call the police if in doubt and warn them of the presence.
There is no law prohibiting the parking of a petrol tanker vehicle in a residential area, as an example many people have them parked outside their houses unloading central heating oil and gas.
However they are prohibited from parking partly on the pavement, and if the road is too narrow from causing an obstruction.
If it is disconcerting, then talk to a police officer is the advice.
The driver may be infringing internal company policies so contacting the brand of petrol or the distribution company is worth doing.
I had thought that the following was true if this vehicle is an HGV. The fact that it could contain flammible liquid is irrelevant to this angle on any contravention.
If this is an HGV (classed as those over 3.5 Tonnes in weight) the Operator requires an Operator's Licence which entitles them to operate the vehicle on the highway. Part of the Licence requirement is that the owner must state where their Operating Centre is - the off-street location where the vehicle will be garaged at night. This is declared at the time of issuing an Operator's Licence.
The potential offence being committed by the owner of the vehicle is one of not parking the vehicle overnight in its specified, off street parking area.
If this is an HGV (classed as those over 3.5 Tonnes in weight) the Operator requires an Operator's Licence which entitles them to operate the vehicle on the highway. Part of the Licence requirement is that the owner must state where their Operating Centre is - the off-street location where the vehicle will be garaged at night. This is declared at the time of issuing an Operator's Licence.
The potential offence being committed by the owner of the vehicle is one of not parking the vehicle overnight in its specified, off street parking area.
Goods vehicles do not HAVE to be parked at their Operating Centre overnight every night. Otherwise, nobody would be able to do any journey of more than around 200 miles. Any motorway services is packed overnight with trucks where the driver is sleeping in the vehicle. All the Operators' Licence regulations state is that vehicles must be parked off the road.
In this case, the vehicle is in a residential car park - therefore it's off the road. If the product it's carrying is highly volatile, it should have more than just a red sticker with a picture of a flame on. Chances are, it's paraffin or diesel and perfectly safe. But I suggest that you try and find out what the vehicle's gvw is. If it's over 3.5 tonnes, there may well be local by-laws in place that forbid parking on any public or private car park. If you can post your picture somewhere and put a link here, any number of us will be able to give you a bit more information.
In this case, the vehicle is in a residential car park - therefore it's off the road. If the product it's carrying is highly volatile, it should have more than just a red sticker with a picture of a flame on. Chances are, it's paraffin or diesel and perfectly safe. But I suggest that you try and find out what the vehicle's gvw is. If it's over 3.5 tonnes, there may well be local by-laws in place that forbid parking on any public or private car park. If you can post your picture somewhere and put a link here, any number of us will be able to give you a bit more information.
CPJ
Yes, of course you right HGVs don't have to be parked in the designated Operator's base every night. The point you are missing is that they can't regularly be parked in a single, different place - especially if that place is a public highway. That convenes the Operator's licence.
Local authorities may also make it a highways offence to park in such places - but whether or not they have done so doesn't change that the Operator is still operating in contravention of the Operating Licence.
Yes, of course you right HGVs don't have to be parked in the designated Operator's base every night. The point you are missing is that they can't regularly be parked in a single, different place - especially if that place is a public highway. That convenes the Operator's licence.
Local authorities may also make it a highways offence to park in such places - but whether or not they have done so doesn't change that the Operator is still operating in contravention of the Operating Licence.
TWR
I don't think you'll find the law has changed and my comments aren't particular to vehicles with flammable goods.
Here's what the Government has to say about getting an HGV Operators Licence:
WHAT IS MEANT BY AN “OPERATING CENTRE”?
4.1 An operating centre is where your vehicles are normally kept when not in use. The operating centre should provide sufficient off street parking for all your vehicles and trailers.
WHAT CONSTRAINTS ARE THERE IN ACCEPTING A SITE AS AN OPERATING CENTRE?
4.2 When you apply for a licence, you will be asked to list your proposed operating centres, with information about the vehicles which are to be kept there. The Traffic Commissioner will need to be satisfied that your operating centres are suitable - for example, that they will be big enough, with safe access, and in an environmentally acceptable location. If you do not own the operating centre you may be asked to provide evidence that you are entitled to use it.
All I'm saying is that if an HGV is consistently and persistently being parked in a residential area, it isn't being operated in accordance with its operating licence and if the Traffic Commissioner was approached, you might get something done to stop it.
I don't think you'll find the law has changed and my comments aren't particular to vehicles with flammable goods.
Here's what the Government has to say about getting an HGV Operators Licence:
WHAT IS MEANT BY AN “OPERATING CENTRE”?
4.1 An operating centre is where your vehicles are normally kept when not in use. The operating centre should provide sufficient off street parking for all your vehicles and trailers.
WHAT CONSTRAINTS ARE THERE IN ACCEPTING A SITE AS AN OPERATING CENTRE?
4.2 When you apply for a licence, you will be asked to list your proposed operating centres, with information about the vehicles which are to be kept there. The Traffic Commissioner will need to be satisfied that your operating centres are suitable - for example, that they will be big enough, with safe access, and in an environmentally acceptable location. If you do not own the operating centre you may be asked to provide evidence that you are entitled to use it.
All I'm saying is that if an HGV is consistently and persistently being parked in a residential area, it isn't being operated in accordance with its operating licence and if the Traffic Commissioner was approached, you might get something done to stop it.
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