Answer to Question 1:

Hi Paul,

As you can see Paul it is not directly identified as a statutory requirement under the Construction Regulations or any other statutory instruments. It would however be seen as best industry practice to ensure that all vehicles operating on a construction site are suitably identified and highlighted in particular in poor weather or lkighting conditions.

2005 Act General Duties of Employer

Regulation 8.—(1) Every employer shall ensure, so far as is reasonably practicable, the safety, health and welfare at work of his or her employees. (a) managing and conducting work activities in such a way as to ensure, so far as is reasonably practicable, the safety, health and welfare at work of his or her employees; This general duty of care would require the owner/operator of jeeps and pick ups etc. on a construction site to ensure they are visible and not a danger to others.

STATUTORY INSTRUMENTS. S.I. No. 504 of 2006 - Safety, Health and Welfare at Work (Construction) Regulation 2006, Part 11 Transport, Earthmoving and Materiuals Handling Machinery and Locomotives & Schedule 6

PART 11

Safe operation of vehicles. 87. (1) A contractor responsible for a construction site shall ensure for that site that, if used for the purposes of construction work, all transport vehicles, earth-moving machinery, materials-handling machinery and locomotives, as set out in Schedule 6,

(a) are of good design and construction taking into account as far as possible ergonomic principles,

(b) are maintained in good working order,

(c) are properly used,

(d) are not operated otherwise than by a competent person who has attained the age of 18 years, unless operation is by a person for the purpose of his or her training under the close personal supervision of a competent person, and

(e) in circumstances where the operator's visibility is restricted, have auxiliary devices as listed in Schedule 6 installed to improve visibility, unless a risk assessment shows that the auxiliary devices are not required.

(2) On all construction sites on which transport vehicles, earth-moving or materials-handling machinery or locomotives are used, the project supervisor for the construction stage shall ensure that -

(a) safe and suitable access ways are provided for them, and

(b) traffic and pedestrian routes are so organised and controlled, including, where appropriate, by the provision of a traffic and pedestrian management plan, as to secure their safe operation.

Regulation 81. - Onus of Proof on Management !

In any proceedings for an offence under any of the relevant statutory provisions consisting of a failure to comply with a duty or a requirement to do something so far as is reasonable practicable, or to use the best practicable means to do something, it shall be for the accused to prove that it was not reasonable practicable to do more than was in fact done to satisfy the duty or requirement, or that there was no better practicable means than was in fact used to satisfy the duty ot requirement. This would show that it would be difficult to defend any accident on site caused as a result of poor marking on the vehicle even though there is no specific statutory obligation to complete it but because it is recognised as best practice..

Schedule 6 - List of Vehicles Requiring Auxiliary Devices and Visual Aids.

Machine type - Off-road dump trucks (trailer to rear of driver), payload greater than 7 Tonnes / Reversing and visual aids required - Reversing alarm and flashing beacon with CCTV or convex mirrors or a combination of both to allow vision from the driver’s seat of all points more than 1 metre high and 1 metre from the machine at each side and at rear of driver.

Machine type - Dumpers (front tip) no cab / Reversing and visual aids required - Reversing alarm and flashing beacon.

Machine type - Dumpers (front tip) with cab Convex mirrors; / Reversing and visual aids required - reversing alarm and flashing beacon.

Machine type - Wheel loaders (loading shovels), including skid steer loaders. / Reversing and visual aids required - Reversing alarm and flashing beacon with CCTV or convex mirrors or a combination of both to allow vision from the driver’s seat of all points more than 1 metre high and 1 metre from the machine at each side and at rear of driver.

Machine type - Backhoe loaders / Reversing and visual aids required - Convex mirrors; reversing alarm and flashing beacon.

Machine type - All 3600 excavators / Reversing and visual aids required - Movement alarm and flashing beacon with CCTV or convex mirrors or a combination of both to allow vision from the driver’s seat (without slewing) at all points more than 1 metre high and 1 metre from the machine.

Machine type - Scrapers / Reversing and visual aids required - Reversing alarm and flashing beacon with CCTV or convex mirrors or a combination of both to allow vision from the driver’s seat of all points more than 1 metre high and 1 metre from the machine at each side and at rear of driver.

Machine type - All tracked type tractors (bulldozers) / Reversing and visual aids required - Reversing alarm and flashing beacon with CCTV or convex mirrors or a combination of both to allow vision at all points more than 1 metre high and 1 metre from the machine at each side and at rear of driver.

Machine type - Graders / Reversing and visual aids required - CCTV, convex mirrors, reversing alarm and flashing beacon.

Machine type -Telescopic handlers / Reversing and visual aids required - Reversing alarm and flashing beacon with CCTV or convex mirrors or a combination of both to allow vision from the driver’s seat of all points more than 1 metre high and 1 metre from the machine at each side and at rear of driver.

Machine type - Compactors/rollers without cab and seat to rear / Reversing and visual aids required - Reversing alarm and flashing beacon.

Machine type - Compactors/rollers with cab and seat to rear / Reversing and visual aids required - Convex mirrors, reversing alarm and flashing beacon.

Machine type - All compactors/rollers / Reversing and visual aids required - Reversing alarm and flashing beacon with CCTV or convex mirrors, or a combination of both, to allow vision at all points more than 1 metre high and 1 metre from the machine at each side and at rear of driver.

Machine type - Road planer / Reversing and visual aids required - Convex mirrors; reversing alarm and flashing beacon.

Machine type - Road pavers / Reversing and visual aids required - Convex mirrors; reversing alarm and flashing beacon.

Regards,
Paul.