Restricted license

Asking for a friend of course. Would a ground works company need a standard or a restricted license to cart muck etc. away from a site they were working on.

There’s a large plant hire fleet I know of that I’ve recently noticed orange discs have appeared,they carry muck and have a waste transfer station and collect stone from various quarries .

I assume orange discs are restricted ?

If it is your own muck - a restricted licence will be fine.

If you are being paid to cart the muck away - a standard national & all that goes with it will be required.

Steve H:
If it is your own muck - a restricted licence will be fine.

If you are being paid to cart the muck away - a standard national & all that goes with it will be required.

If you are carting muck away as soon as the customer signs the waste transfer note, would it not become your own waste until you then take it to a waste transfer station? I think there’s a reasonable argument that it is your own muck as soon as you’ve collected it

lazytipperdriver:

Steve H:
If it is your own muck - a restricted licence will be fine.

If you are being paid to cart the muck away - a standard national & all that goes with it will be required.

If you are carting muck away as soon as the customer signs the waste transfer note, would it not become your own waste until you then take it to a waste transfer station? I think there’s a reasonable argument that it is your own muck as soon as you’ve collected it

Will there be a paper trail showing purchase and sale of this muck?
Invoices/ bill of sale / receipts / bank transfers etc?
Or will there be contract saying “please remove my muck”?

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Franglais:

lazytipperdriver:

Steve H:
If it is your own muck - a restricted licence will be fine.

If you are being paid to cart the muck away - a standard national & all that goes with it will be required.

If you are carting muck away as soon as the customer signs the waste transfer note, would it not become your own waste until you then take it to a waste transfer station? I think there’s a reasonable argument that it is your own muck as soon as you’ve collected it

Will there be a paper trail showing purchase and sale of this muck?
Invoices/ bill of sale / receipts / bank transfers etc?
Or will there be contract saying “please remove my muck”?

Sent from my SM-G361F using Tapatalk

This is well put.

I think basically unless you either own the site you are taking the muck from, or the site you are taking the muck to, you would struggle to claim that its your muck and would therefore need a standard license.

nsmith1180:

Franglais:

lazytipperdriver:

Steve H:
If it is your own muck - a restricted licence will be fine.

If you are being paid to cart the muck away - a standard national & all that goes with it will be required.

If you are carting muck away as soon as the customer signs the waste transfer note, would it not become your own waste until you then take it to a waste transfer station? I think there’s a reasonable argument that it is your own muck as soon as you’ve collected it

Will there be a paper trail showing purchase and sale of this muck?
Invoices/ bill of sale / receipts / bank transfers etc?
Or will there be contract saying “please remove my muck”?

Sent from my SM-G361F using Tapatalk

This is well put.

I think basically unless you either own the site you are taking the muck from, or the site you are taking the muck to, you would struggle to claim that its your muck and would therefore need a standard license.

I see the point you guys are making, however if there is a paper trail then you could argue the point that the muck is yours.

Collect Muck from customer, invoiced and signed off as no longer property of customer, muck in back of wagon is now yours.
Your free to now do with the muck as you please, you can screen it and sell it or you can pay to tip it
You decide to tip it, you pay the fee get the paperwork signed, transfer the waste to to the transfer station owner.

I know that really you should have a standard license for the type of work, however due to the grey area associated with legally owning the muck whilst its in your vehicle, you could have an argument for having a restricted, could you not? - personally have no restricted licenses and would never get one unless soley moving my own goods, however it is an interesting point and potential loophole?

Well Tarmacduck, my view is that it would be exceptional circumstances for this not to need a standard licence, however: There is an operator very close to our part of the world who has two, and I’m told a third on the paintshop, eight wheelers with clam grabs, who has operated for many years now on an orange disc, not only has he done it for years but I believe he counts the county council as a customer. I don’t know the lad personally but those who do speak well of him, so I’d be asking him how he does it.

From my experience, it seems very few do there due diligence to see if your legally operating or not.

The only people that probably care are the dvsa, and maybe the enviroment agency.

As for the original question. It could be argued for a restricted. But it could also end up with tea and biscuits, i wouldnt want to do it though.

I know a few boys on a restricted on the waste bread and ag collections.

Thx to all for your interesting replies, it certainly seems a very grey area. This stems from a debate I had with a colleague and doesn’t effect either of us directly. For the record I think a standard national license is required for such work.

The waste transfer note is the key, most skip operators and quite a few grab as well are restricted as its regarded as their goods due to the note. I have appeared with clients on restricted licence before the TC and this hasn’t been an issue.

Tarmac duck:
Thx to all for your interesting replies, it certainly seems a very grey area. This stems from a debate I had with a colleague and doesn’t effect either of us directly. For the record I think a standard national license is required for such work.

there are often “grey area’s” however they separate into black and white when things go wrong, I would think if you are contracted in to do a muck shift, you are shifting the muck for hire or reward just as much as if you were delivering a pallet of cornflakes

Howardplant:

Tarmac duck:
Thx to all for your interesting replies, it certainly seems a very grey area. This stems from a debate I had with a colleague and doesn’t effect either of us directly. For the record I think a standard national license is required for such work.

there are often “grey area’s” however they separate into black and white when things go wrong, I would think if you are contracted in to do a muck shift, you are shifting the muck for hire or reward just as much as if you were delivering a pallet of cornflakes

I think the situation gets messy when the said contractor digs up the muck and then carts away.