A jumble of certificates and insurance policies for the forklift truck can cause confusion. For example, what about when the forklift is also driving on public roads? We briefly list the obligations for you.
The forklift certificate
It seems obvious that every forklift operator should have a certificate, but the opposite is true. Despite the high number of forklift accidents, a standard forklift certificate is not mandatory. A driver must have received 'proper' training, and several courses and certificates can satisfy this. However, the employer must be able to prove by whom training was given and which components were covered. But the employer may also provide the training himself, if he can prove that he holds a forklift diploma. This training must then meet a number of conditions. For example, a textbook must be used.
If the employer cannot prove that his staff is adequately trained, he is legally liable in case of accidents. The driver must further ensure that he regularly refreshes his knowledge. This can be done through a refresher course.
Workers are allowed to drive a forklift from the age of 16. Note that if they are 16 or 17, a supervisor must always be present.
WA insurance
Every motor vehicle in the Netherlands must be insured. The Motor Vehicles Liability Act (Wet Aansprakelijkheid Motorrijtuigen) is meant for vehicles with and without registration plates and also for vehicles driving on private property. So every forklift should be WA insured. Many companies don't take this rule very seriously, as the forklifts are not on public roads anyway, so they don't expect accidents. But the labour inspectorate does check for this.
In an accident involving an uninsured vehicle, the damage is compensated by the Motor Traffic Guarantee Fund. The owner of the vehicle ends up paying for this amount.
WEGAM insurance
You may also want to consider WEGAM insurance (Employer's Liability Insurance for Motor Vehicles). This insurance covers damage incurred by the driver of the forklift, something that the third-party liability and corporate liability insurance do not cover.
Public road
Some trucks are allowed to drive on public roads. This is occasionally necessary. But then forklifts have to meet certain conditions. This is because a forklift truck on the public road falls under the Vehicle Regulations. For example, the truck must have two dipped and sidelights, two rear lights, stop lights and reflectors at the rear. Warning indicators must be installed and a reflective triangle must be placed at the rear.
Editorial LogistiekProfs
