Licence conditions
Notes
- Section 169 of the Highways Act 1980provides that no person shall, in connection with any building or demolition work or the alteration, repair, maintenance or cleaning of any building, erect or retain on or over the highway any scaffolding or other structure which obstructs the highway unless they are authorised to do so by a licence issued by the highway authority.
- Section 178 of the Highways Act 1980 states that no person shall fix or place any overhead beam, rail, pipe, cable, wire or other similar apparatus over, along or across the highway without the consent of the highway authority , and the authority may attach to that their consent such reasonable terms and conditions as it thinks fit.
- A MEWP positioned on the public highway is considered a structure and/or apparatus requiring consent under sections 169 and/or 178 of the Highways Act 1980 where its presence affects or is likely to affect the safe passage of highway users.
- A licence to place, operate or use a MEWP on the highway will normally only be issued to the company responsible. A licence may be issued to an individual where they can substantiate their competence to place, operate and use a MEWP in accordance with all applicable requirements. The licensee remains responsible for compliance with these conditions regardless of whether the MEWP is owned, hired, or operated by a third party.
- References to a MEWP includes cherry pickers, boom lifts, scissor lifts, spider lifts, van or truck-mounted platforms and push-around vertical lifts (PAVs). This list is not exhaustive.
- If the licensee objects to any of the following conditions of the licence, the licensee may appeal to a Magistrates’ Court within 21 days of the date of receipt of the licence.
- Prior to the use of a MEWP, the licensee must inform their client of the following conditions which may affect the way they conduct their works.
- Work may not commence until the application has been approved and the date specified on the licence.
General responsibilities
- The licensee shall immediately notify the Council of any incident, accident or structural failure involving the MEWP.
- The licensee shall take all necessary steps to make the site safe without delay.
- The Council reserves the right to take immediate action where necessary in the interests of public safety and recover all associated costs from the licensee.
Site assessment and ground conditions
- Prior to installation and use, the licensee must ensure that the proposed location has been assessed by a competent person for ground bearing, sub-surface risks, and the presence of underground services or structures.
- Where outriggers or stabilisers are used, suitable spreader plates, mats or other suitable protection shall be provided to distribute loads and prevent damage to the highway surface, drainage infrastructure, underground apparatus, cellars, vaults, chambers, kerbs, or service covers
- The licensee shall consult the highway authority where ground conditions are uncertain or where the MEWP is proposed to be positioned over inspection covers, utility apparatus or other vulnerable features.
- The licensee must comply with any reasonable requirements of the highway authority or statutory undertakers for the protection of apparatus
Highway obstruction and use of space
- No other equipment, ladders or materials other than the licenced MEWP shall be placed on the highway unless authorised by a separate and appropriate licence.
- The area around the MEWP must be kept clear of materials, equipment and debris at all times.
- Any spillages must be removed immediately.
Pedestrians and vehicle safety
- Pedestrians and vehicles must not pass beneath a MEWP while it is in operation.
- The area below must be clearly segregated, signed, guarded, and kept clear at all times.
- Where any part of the MEWP is positioned closer than 450mm to the carriageway edge, or where the location is considered liable to impact damage, adequately secured and properly signed, guarded, and lit barriers shall be installed as agreed with the local highway officer.
Signing, lighting and guarding
- Personnel involved in the works must hold appropriate Signing, Lighting and Guarding accreditation in accordance with the New Roads and Street Work Act 1991. The licensee must ensure that, as a minimum:
- One accredited supervisor shall be appointed. The supervisor is not required to be on site at all times but must be able to attend site within 2 hours if required.
- At least one accredited operative shall be present on site at all times.
- Traffic management shall be appropriate to the location and implemented in accordance with Chapter 8 of the Traffic Signs Manual and the Safety at Street Works and Road Works Code of Practice.
- Where necessary to ensure visibility, MEWPs must be fitted with suitable warning lights or amber beacons in accordance with Chapter 8 principles and site-specific risk assessment.
- Works shall be adequately signed, guarded, and lit at all times, including during hours of darkness.
Inspections and safe operation
- MEWPs shall be inspected daily before and during use.
- Inspections shall be carried out by a competent person and records retained.
- Use of MEWPs must comply with the Work at Height Regulations 2005.
- MEWPs must not be left unattended on the highway unless fully lowered, switched off, secured and not presenting a risk to highway users.
Duration, removal and reinstatement
All apparatus and equipment associated with the MEWP shall be removed immediately upon expiration of the licence or when no longer required, whichever occurs first.
Upon removal, any damage to the highway, street furniture or underground apparatus shall be made good at the licensee’s expense and in agreement with the Council. Where this is not done, the Council may undertake the works and recover the costs.
Insurance
- The licensee shall maintain Public Liability Insurance and, where applicable, Employers’ Liability Insurance, each with a minimum indemnity of £5 million for any one occurrence.
- The insurance shall cover all risks arising from the presence and operation of the MEWP on the highway.
- The licensee shall indemnify the Council against all claims, losses and expenses arising out of or in connection with the works.
- Valid insurance certificates and evidence of cover shall be provided to the Council upon request at any time during the licence period. Where the licence period extends beyond the expiry of the insurance, the licensee must provide a renewed certificate of insurance prior to expiry. The Council reserves the right to suspend or revoke the licence in the absence of valid insurance cover.
Enforcement, revocation and removal
- The Council may suspend the licence where it considers there is an immediate risk to safety or non-compliance with these conditions.
- Failure to comply with these conditions may result in the licence being revoked at any time.Where a licence is revoked, the licensee shall remove the MEWP immediately.
- Where an unlicenced MEWP is present on the highway, the licensee will be required to apply for a licence or remove within 4 hours.
- Where a MEWP is considered dangerous, the Council may remove it immediately without notice.
Works in default/power of entry
- Where the licensee fails to comply with any condition of this licence, or where the Council reasonably considers that the presence or operation of the MEWP gives rise to a risk to the safety of highway users or damage to the highway or apparatus, the Council may, without notice where necessary, enter upon the highway and take such steps as are necessary to make the site safe, including removal, repositioning or securing of the MEWP and any associated equipment.
Cost recovery
- All costs reasonably incurred by the Council in enforcing these conditions, or in removing, making safe or otherwise dealing with the MEWP, shall be recoverable from the licensee as a debt
Licence availability
- A copy of the licence shall be available at all times while the MEWP is in use and produced upon request.