Are your plant vehicles insured for use on a public highway

Released On 5th Jan 2022

Are your plant vehicles insured for use on a public highway

In June we released our “Tales of the Unexpected” video, sharing some of the common errors in policies and business practice that may find your insurance policy not paying out. 

As an addition to the useful information in this video, we find that many of our customers are unaware of the following exclusion to public and product liability. 

Any vehicle or machinery that moves under its own power in a public place for eg ride on mowers, golf buggies, track laying plant, trench diggers etc are normally covered under public and product liability. However, this is not the case if it is used in an area that the public has access to. In this case you are using it in a Road Traffic situation. 

Take note of the words, “an area that the public has access to.”  This includes public footpaths, bridleways, permissive paths and tracks and driveways of private properties as well as metalled highways. We also advise considering if your contract is taking place near any unfenced land that is adjacent to footpaths, bridleways, permissive paths and land that has a public right of access as well as any area that is not fenced off to prevent public access, to cover all your bases. 

It is a legal obligation (Under section 143 of the Road Traffic Act 1988 (amended by the Motor Insurance (Compulsory Insurance) Regulations 2000), to have third-party motor insurance for any agricultural or plant vehicles that are used in public places or public highways – no matter how small the job is or the amount of time you will be there.  

There is a legal obligation to cover these vehicles for at least third party under your fleet insurance. (Under section 143 of the Road Traffic Act 1988 (amended by the Motor Insurance (Compulsory Insurance) Regulations 2000). 

Don’t get caught out!  Drop us a call to clarify your insurance situation.