Loading and unloading regulations, seatbelts in vans and working time regulations for van drivers
I work as a delivery driver. I delivery groceries from the supermarket to peoples homes typically averaging about 10 drops over 20-40 miles in a run of about 3 hours plus about an hour for loading. I drive in a normal Transit style van not a HGV class vehicle.I would like to know if it is a legal requirement to wear a seat belt for someone in this job, sometimes drops are very close (same estate) but other times 10 miles apart or more. What is the legal position for parking? I often make deliveries in tight narrow terraced housing areas and occasionally have to block the road to do the delivery or park over driveways or on double yellows (annoyingly we've also just got a red route plonked outside a customer who fortunately had a usable drive). What is the legal position for rest breaks for me? And anything else you think I should be aware of?
Perhaps the most significant difference for a LGV van driver (over 2 tonnes max laden) as opposed to a car is the speed limit. The 30mph limit applies to both in built up areas, but where "national speed limit applies" on a single carriageway road a van is restricted to 50mph (60mph for a car); the limit for a van on a dual carriageway is 60mph in a van (70mph in a car); but the speed limit on a motorway is 70mph for both.
There is a seatbelt exception for delivery drivers but only if the drop or collection is less than 50m apart. In any event were you involved in a road accident undertaking such a drop and sought to claim compensation for an injury received, your compensation would be reduced for not wearing the seatbelt even though you were entitled by law not to do so as an element of contributory negligence would come into play.
With regard to parking you are permitted to load/unload on yellow lines, including double yellow lines, unless there are yellow stripes on the kerb which specifically indicate that loading is prohibited. There is no specific limit on the time you are permitted to be there but you must be in the process of undertaking a delivery and parking wardens will normally observe the vehicle for a short period to verify a delivery is actively in progress. Loading/unloading is also permitted from parking bays, meters and residents' parking bays but you may not load or unload from disabled parking bays, diplomatic parking bays or suspended parking bays including those where a meter is covered with an "out of order" bag. You also may not load or unload on a red route at times when it is in operation and your deliveries should be timed to avoid them.
Much of the remainder is down to courtesy although blocking a road is an offence.
In terms of rest breaks delivery drivers and other mobile workers are subject to the standard EU Working Time Regulations which mean you should not work more than 48 hours per week when averaged over 17 weeks. Workers must also have daily rest breaks of 11 consecutive hours in any 24-hour period and weekly rest periods of 24 consecutive hours in any seven-day period.
You should always remember that delivery van driving is a high risk occupation. In 2003 there were 28,864 accidents involving vans and trucks in Great Britain. This resulted in 9,958 van and truck drivers and passengers being injured of which 1,194 were killed or seriously injured.
