Are there certain circumstances when an HGV driver does not need to wear a seat belt? Here are the requirements you need to know.
The law generally mandates the use of seat belts for drivers and passengers in most types of vehicles, including Heavy Goods Vehicles (HGVs). However, there are some exceptions where the driver may not be required to wear a seat belt. These exceptions could include:
- Reversing or supervising a learner driver while they are reversing.
- A driver or passenger in a vehicle used for police, fire, and rescue services.
- A licensed taxi driver who is "plying for hire" or carrying passengers.
- Delivery drivers who are travelling less than 50 metres between stops.
It is crucial to consult the specific rules and regulations, such as The Road Traffic Act 1988 and the Motor Vehicles (Wearing of Seat Belts) Regulations 1993, to ascertain the most accurate and current information. Infringing these laws can result in fines and penalty points on one's driving licence. Always consult with legal experts for advice tailored to your specific circumstances.
To conclude, the responsibility for wearing a seat belt rests with the driver and any passenger. The operator is in no way liable if the law in this respect is not complied with. However, operators are responsible for ensuring that the belt is fitted correctly when required and maintained and could have action taken by the Traffic Commissioner against the O-licence if they do not. Operators may also face prosecution under health and safety law, up to and including corporate manslaughter, if injury or death is caused to a driver not wearing a seat belt because it was defective.
Operators must, therefore, ensure a safety culture and that a check on seat belt condition is included in routine inspections and daily walk-round checks, with a proper defect reporting system. You should also make the wearing of seat belts a requirement of company policy and take disciplinary action against drivers who do not do so when it is required.
