Exhibitions
Q We have a
vehicle 7.5 tonne category, we use solely for
exhibitions. The manufacturer has informed us that
we are exempt from keeping a tachograph, are you
able to confirm this.
R The vehicle
requires a tachograph to be kept unless the driver
is able to claim an exemption under the following:-
Vehicles with a maximum
permissible weight of not more than 7.5 tonnes
carrying materials or equipment for the drivers use
in the course of his work, within a 50 kilometre
radius of the place where the vehicle is normally
based, provided that driving the vehicle does not
constitute the drivers main activity.
Basically this means
that if the drivers job is the erection of
exhibitions and he only drives for this short
distance in order to erect these exhibitions then he
is exempt from keeping a tachograph. If
however any of the above conditions do not apply he
will need to keep a tachograph record of his duties.
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How to distinguish
driving on a chart
Q In the case of
an emergency, is there any time or distance limit
for reaching a safe stopping place.
R No there is no
stipulation on these two matters. However it
would
not be acceptable for example if you were
driving along the motorway when your driving time
was up and you continued to drive for another 30 or
40 minutes, passing service areas, just because you
preferred one further along the motorway. The
driver must record why this deviation occurred.
Q One of our
drivers was delayed on a dual carriageway due to an
accident. The traffic did not move for 25 minutes.
By the time he got going again he was close to
running over his time. On expressing his concern to
the supervisor, he was told not to worry as the 25
minutes he was stationary can be classed as a break
so long as the wheels on the bus did not move.
R In relation to
breaks the optimum phrase to consider under Article
7 is ' during these breaks the driver may not carry
out any driving or other work'. Of course, if the vehicle is
stationary, wherever that may be, and the driver is
not going to engage in any type of work, for example
driving or loading, for no matter how small the time
span, then he can take a break. Drivers do take
breaks in vehicles.
However the point to consider is whether or not the
driver was free to dispose of his own time. If he
was sitting at the wheel waiting to move then
clearly he is not and it is not a break, it would be
a period of availability. However if he is able to
rest and take a break and not have to concentrate on
moving if the traffic in front does so, then he can
take a break. Under these circumstances however I
would presume that the driver remained at the wheel
to monitor the traffic situation and therefore would
not be entitled to class this time as a break.
The regulations do take account of these emergency
situations and under these circumstances the driver
would be able to exceed his driving time to such an
extent to reach a safe stopping place for his load
or passengers.
There is no time limit for this and
each case would be examined on it's individual
merits. The court would determine whether or not
the driver had driven for a reasonable amount of
time to find a safe stopping place. Under
these circumstances the driver should indicate the
reasons for the excess driving on the rear of the
chart.
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Q
If I forget to operate my mode switch what do I have
to do.
R Write on the
rear of the chart of the chart the time of your
mistake and draw on the boxed time section at the
top the correct mode. i.e wrong mode selected should
be break 12.00 to 12.30 and draw lines down to break
from 12.00 to 12.30.
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Q
How many times can I open the head and check my
chart.
R You cannot
open the head to check
your chart once it has been inserted and you have
commenced your duty.
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Q If I change
vehicles and then go back to the first vehicle that
I was driving, can I still use the original chart
for the same vehicle twice.
R Yes. Many
drivers move to a second vehicle and then go back to
the original vehicle that they were driving at the
start of the day. Providing the chart has
space on the rear to record the details of the
vehicle and the odometer readings, there is nothing
wrong with having the same vehicle entered on the
chart twice.
Tolerances
Q What are the
tolerances allowed in relation to the use of the
tachograph.
R distance travelled
2%
more or less than the real distance, where that
distance is at least 1 kilometer.
speed
6km/hr more or less than the real speed.
time
plus
or minus 2 minutes per day
plus
or minus 10 minutes per 7 days
Q. I understand that
tachographs work to a tolerance of +/- 6kph. Is that
correct? Is so, when a chart is reading 50kph, the
vehicle could be travelling at anything between
44kph and 56kph?
R. That is exactly
right. In use the tolerance is plus or minus
6km/hr.
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Q If I commit an
offence on the continent can I be prosecuted in the
UK for the offence
R
Under Article 10(3) Regulation (EC) 561 it states:
A transport undertaking shall be
liable for infringements committed by drivers of the
undertaking, even if the infringement was committed
on the territory of another Member State or a third
country.
Q When do
tachograph heads have to be tested and inspected.
R They have to be
inspected every 2 years from the date on the
original plaque and they must be
re-calibrated every 6 years. Following the 6
yearly inspection a new installation plaque must be
fitted.
Q While I was driving
in Spain I was stopped by the police. When I gave
them my tacho we found that I had not inserted it
correctly. I had not positioned it in the pear
properly so it was not sitting properly. It recorded
round the middle but did not trace the speed. The
red warning light did not come on and i want to know
whether it should have done, as the needle did not
record.
R I would say that the
red light would not come on because the head could
well have been closed properly, even though the
chart was not seated correctly on the cam. The
reason that the speed styli did not make a trace was
because the chart did not make contact with the
styli, which was probably operating correctly, even
though it was not making contact with the chart.
Presumably the speed
trace operated correctly when another chart was
used. If it did not, then there is obviously a
fault with the head locking mechanism, or the speed
styli.
Under normal
circumstances you are required to make manual
entries where the chart has not recorded correctly,
except in this case, where you will be unable to
record the variations in the speed of the vehicle
throughout the day.
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Q. I drive for a local
company with a 7.5 ton Mitsubishi canter (tipper).
The company employs me to deliver building and
roofing supplies mostly locally but occasionally
outside of the county. The drivers at the moment
claim to be exempt from using the tachograph
but I am unsure so I use it anyway. Is it possible
to clarify if we are exempt from using the
tachograph.
R. The simple
answer is no you are not exempt. It is the
vehicle that requires a tachograph to be used, being
over 3.5 tonnes maximum permissible weight, not the
distance travelled. The type of work
undertaken is not exempt from the use of a
tachograph.
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Q. When a driver
undertakes driving under EU rules when it comes to
the weekly rest period, what is the position regards
to the amount of time driven e.g. if you drive for
only 4 hours in a week does the 45 hours weekly rest
rule apply, or is there a minimum time you can drive
before the weekly rest rule comes into play.
R. Once you drive a
vehicle to which the regulations apply, then all of
the regulations apply, including weekly rest, even
if you only drove for one minute.
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Q When a driver
leaves the mode switch on rest then sets off driving
again without changing to drive mode, is it possible
to tell this from his chart. If so what should you
look for in the trace lines to confirm this has
happened or would the trace be the same as normal,
would appreciate some help in this matter
R
When you are on rest the trace in the centre
of the chart will be a very thin line. As soon as
you move this will change to a very thick line,
which will correspond with the speed trace (the top
trace) recording movement and the distance trace
(the bottom trace) moving.
With all current tachographs, including digital, there are only three mode
selections
Crossed hammers
Box and
Rest
When the vehicle is moved each one of these is
replaced by the drive trace which is the thickest
trace. This is why driving is the thickest trace so
that it will over trace any of the other modes. As
soon as you stop if you do not change the mode it
will automatically return to rest.
All
tachographs will automatically revert
to the mode selected once driving ceases.i.e if you
are on rest it will record rest once driving ceases.
Recall to duty
Q If I have clocked of
and filled my tacho in for that day and gone home
then I have been called back to work to drive again
do I use another tacho for the rest of the hours I
have left in that 24 hour period or do I use the
tacho which I have just filled in and clocked off
with plus do I have to enter time difference between
the two. plus when you change vehicles you can use
the back of the chart but when do you enter the
finish place on the front of the tacho when I
changed vehicles or when I have finished for that
day with my second vehicle.
R Charts cannot be used
for a longer period than that for which they are
intended, so you can re-insert a chart if the second
journey will not take you beyond the time when the
first journey started, entering details of the
second vehicle on the rear of the chart. If
the second journey will take you beyond the start
time for the first journey you must use a second
chart.
On the front of the
chart, however you must enter where the chart begins
and where the chart ends, irrespective of how many
vehicles are on the chart. In this case you
have already entered a finish location on the chart.
If this is the same as the one for the journey in
the second vehicle, then you can re-insert the first
chart and enter the time of change to the second
vehicle together with the start and finish odometer
readings. If your final destination, in the
second or subsequent vehicles, is different, then
you must use a second chart.
No matter how changes of
vehicles there are on a chart, or different
journeys, you only after enter the start location of
the first journey and the final destination of the
last journey.
Mode operation
Q Please could you print
or explain the mode in which your tacho should be
set for driving or doing other work at the moment I
leave mine set on the box with the line through but
have been told this does not register 45 min breaks
R With
current
tachographs, whichever mode you select, when you
start to drive it will always record drive.
When you stop it will revert to the mode that you
selected. The correct way to use an automatic
tachograph is to select the crossed hammers mode, and then every
time that you stop it will revert to this mode to
cover loading and unloading. The only time you
need to change the mode selection is when you take a
break, when you move from box to bed. As soon
as you re-commence work you only have to put it back
on box and then you can forget about the mode switch
until you next take a break. If you select the
bed mode, every time you stop it will record
bed/rest, which should you be carrying out other
work i.e. loading at the time, is an offence.
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Carrying blank charts
Q Could you please tell
me if there is a legal limit of blank tacho charts
that we are allowed to carry on uk delivery work we
trade on a non international muti-drop and one drop
24 hour operation but there’s a lot of confusion
about this subject.
R Article 14 of Council
Regulation (EEC) 3821/85 says
'The employer shall
issue a sufficient number of record sheets to
drivers bearing in mind the fact that these sheets
are personal in character, the length of the period
of service and the possible obligation to replace
sheets which are damaged, or have been taken by an
authorised inspecting officer.' As long as these
obligations are fulfilled, there is no maximum
amount of charts that can be carried.
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For hire or reward
Q I drive an H.G.V for a
company collecting farm slurry from within a 12 mile
radius of base, we then collect the gas from this
slurry, use the gas to produce electricity which is
then sold to the national grid for profit. Even
though no money is exchanged between our co. & the
farmer's we ultimately profit from the electricity
we sell. In the eyes of the law do we have to use
tacho's or not, i say we do as ultimately we profit
from this whole scenario, but other's say we don't
have to as nothing changes hand's regarding the
slurry we transport - - - we as it were '' borrow ''
the slurry from the farmer. Please can you clarify
for me? (we are using tacho's now just to cover
ourselves !! )
R I’m afraid the
criteria relating to the driving of vehicles to
which the regulations apply is concerned with
driving on roads open to the public of a vehicle
whether laden or not, used for the carriage of goods
or passengers. It does not required the
carriage to be for hire or reward.
The only exemption is
the non-commercial carriage of goods for personal
use, which would not apply here. Although no
money passes between yourselves and the farmer, the
collection of the slurry forms part of a commercial
process and therefore, the tachograph regulations
apply.
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Q. Can you help
please, I have a Mercedes Sprinter 412, which needs
plating and has a tacho as standard. I would
like to clarify that I don't need a tacho disc
because it is for my own use and not for hire or
reward. I use the van for a rally service
vehicle towing my car and spares to events.
R. Vehicles used for
non-commercial carriage of goods for personal use
are exempt from the regulations.
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Missing Mileage
Q What is the law for
unaccounted mileage?
Is there a tolerance
between Tachographs i.e. 1 kilometre or so?
If one vehicle is used
by several different drivers to shunt stock 300
yards, does this still warrant the use of different
Tachographs?
R There is no law on
missing mileage on tachographs. All journeys
by vehicles covered by the regulations require the
use of a tachograph chart. Where the vehicle
is used for a purpose not covered by the
regulations, i.e. test or trial following
maintenance, then a tachograph would not be
required. However the Police or Ministry may
wish to see evidence to prove this use.
When you refer to
several divers shunting stock. If this
involves travelling on roads open to the public, no
matter how far then every driver needs to keep a
tachograph. If the shunting is within factory
premises, or off road and not open to the public,
then you do not need to keep a tachograph, as long
as you don't drive on a public road.
.
In practice it is easier
to use a tachograph for all uses of a vehicle to
which the regulations apply, even when driven by
fitters. It is much harder to account for
missing mileage without keeping tachograph records.
In practice the Ministry do not like mileage missing
between charts, overspeeds and charts not being
handed in.
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Lost Charts
Q We are a Recruitment
Agency and we supply drivers to a number of our
clients. One of our drivers has lost his
tachographs and now the company refuse to pay.
We know the company has photocopies but we cannot
prove it. We have signed timesheets from them
but they insist we provide the original tacho for
payment. Can we use a hand written tacho along
side the time sheet hours? What can we do? There
seems to be a grey area in this matter, I have
searched everywhere.
R The law requires that
driver’s hand in tachograph charts to their
employers within 42 days of completion and the same
applies to employers, who are required to request
the charts from the driver. If the charts are
not handed in within the 42 days both face
prosecution. Under these circumstances
photocopies of original charts are not acceptable.
For the purpose of the regulations the employer is
deemed as the person who utilises the services of
the driver, which in this case would be your client.
Of course we are all
human beings and we make mistakes. If the
original chart has been lost it should be replaced
by a chart, where manual entries have been made on
the rear as close as the driver can remember to the
original. If the time sheets show the drops
performed then the driver should use these to
complete his manual entries. Where the client
has photocopies he should supply you with them, so
that the driver may complete manual entries.
The client should realise that he is also
responsible if the original charts are not handed in
to him, or in his case the hand written charts.
It would therefore be in his own interests to supply
you with the photocopies to aid the driver to make
accurate manual entries..
Below are the
instructions given by the Ministry in relation to
manual entries.
WHERE SHOULD MANUAL
ENTRIES BE MADE?
On the
rear of the chart.
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Driving company cars
Q Can I be allowed to
drive a company car on pay to a port or coach
station and then drive a Bus or coach for the
legally allowed time and then drive back to base
when finished or does this count as part of my
working day and driving hours.
R
Article 9(3) of Regulation (EC) 561 states:
Any time
spent by a driver driving a vehicle which falls
outside the scope of this Regulation to or from a
vehicle which falls within the scope of this
Regulation, which is not at the driver's home or at
the employer's operational centre where the driver
is normally based, shall count as other work.
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Q I
had a driver of a 75tc/s who had done 15hours daily
duty. He had run short of base by 2 hours, I had
offered him a night out, (vehicle fitted with a bed)
he declined. So what I did was I sent him a van for
his use to do what ever he wanted, is this right?
And to my main question, He needed to get back for
whatever reason; can he drive the 7.5t without the
chart in? To go home with?
R He
cannot drive any vehicle which requires a tachograph
record to be kept, without a chart.
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Q Has the law changed
with regard to being collected by company car and
two drivers?
R
Article 9(2) of Regulation 561 states:
Any time spent travelling to a
location to take charge of a vehicle falling within
the scope of this Regulation, or to return from that
location, when the vehicle is neither at the
driver's home nor at the employer's operational
centre where the driver is normally based, shall not
be counted as a rest or break unless the driver is
on a ferry or train and has access to a bunk or
couchette.
It is irrelevant whether or
not he is driving the vehicle, he is still on duty
whilst he is being paid and when not driving would
be classed as a POA.
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Lines on charts
Q Please can you help,
are you meant to show the start and finish lines of
your duty on the front of the tachograph or is this
illegal?
R It is not illegal to
draw lines on the front of charts, showing EDR/SDR, as long as the
lines do not cover any of the traces. You must
be careful, however, to ensure that you draw the
lines correctly, because it is not unknown for
drivers to draw in lines on the front of charts
thereby giving themselves 8.50 hours or 8.55 hours
daily rest, which is of course an offence.
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Chart Analysis
Q If you send your
charts to a independent company for analysis how
long can you keep the tacho's before you send off,
should it be weekly or monthly. The company I work
for only send them away on a monthly basis.
I look forward to your reply
R There is no set time
limit and the time interval will depend to some
extent on the fleet size and driver numbers.
With large fleets it may be advisable to send them
off more frequently because of the administration
problems of going through large amounts of charts
and analysis with the drivers. Generally a
once a fortnight, or even once a month, is
acceptable because on a weekly basis the
administrator may find that he still hasn’t seen all
the drivers for one weeks analysis, before he
receives the next week. If charts are sent in
on a monthly basis it helps the administrator
because he can compare the total monthly breaches of
the legislation with the previous month.
By law the employer is
required to properly instruct the driver and make
regular checks to ensure that the driver is
complying with the regulations.
Remember that charts by
their nature will always be historical and even if
the Ministry take charts for analysis they will be
some months old. They will also look for
trends to see if a driver is committing the same
offences on a regular basis and to see if anything
is being done to correct this.
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Driving on Sunday in
France
Q I am shortly to drive
a 3.5t Luton down to Malaga and back for a home
move. I have heard that driving in France on a
Sunday is prohibited, does this apply to this size
vehicle and are there any other do's and don'ts of a
similar nature. We intend to use the auto all the
way.
R I don’t know of any
regulations under the tachograph rules prohibiting
your driving in France. However if your
journey involves the non-commercial carriage of
goods for personal use, it is exempt from the
tachograph regulations anyway.
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Forgetting to put chart
in
Q If I was to set of
without putting a tachograph chart, and after a few
miles stop to put the chart in, what information do
I have to put on the disc?., Whist opening the head
to put the chart in is the vehicle fully
functional?. Do I have to turn off the engine etc?
How long would all this take on average?
R When you fail to
record your duties correctly on the tachograph chart
you should keep manual entries on the rear, to cover
the period not recorded on the front. On the
rear of all charts around the outside edge is a
graph style section, which is split into drive,
crossed hammers, box and rest, just like a
tachograph head. This is split into 30-minute
divisions and so the most accurate that you can be
is 15 minutes, by drawing a vertical line in between
06.00 and 06.30 for example, indicating 06.15.
To start draw a
horizontal line in the section of the chart where
your duties commence, for example if you start
driving at 06.00 hours and then take a break at
07.00hrs, draw a horizontal line in the drive
section from 6 to 7, then draw a vertical line down
to rest. Then draw a horizontal line in rest
for the time that you are on a break and then a
vertical line to the next duty performed and so on,
every time that you change duties.
Whilst doing this
tachograph continues to operate, even if the engine
is switched off. It would only take a minute
or two for you to complete the manual entries.
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Teaching while on daily
rest
Q I am presently
employed by a bakery, I deliver bakery goods usually
between the hours of 4am start and 12 noon finish.
we work a weekly shift pattern of 4 days on and 2
days off, this is to incorporate the Sunday opening
hours. I also have qualifications in the IT
industry. I have the opportunity to teach one
or two evenings a week (2 hours per evening). as
this does not involve driving, will this effect my
rest hours between daily duty.
R
Article 4 (h) of Regulation (EC) 561 states:
‘ weekly
rest period’
means the weekly
period during which a driver may freely dispose of
his time and covers a
‘regular
weekly rest period’
and a
‘reduced
weekly rest period’:
As far as I am aware
once you actually finish duty with the bakery you
can do exactly what you want as long as it does not
involve driving vehicles to which the regulations
apply and you have had the required time off duty
between two shifts.
Cont...........
Q I finish work at
12-noon Tuesday, teach at 7pm to 9pm Tuesday evening
and start work 4am Wednesday. I see that as 16 hours
daily rest. (12-noon to 4am). My transport
manager see's it as 7 hours daily rest, (12-noon to
7pm or 9pm to 4am). My point being that as I am not
driving anything that the regulations apply to then
the teaching hours do not apply. His point
being that I have "worked" for 2 hours so that
breaks the rest period. Who's correct can you help
define the "rest period”?
R
Article 4 (g) of Regulation (EC) 561 states:
‘ daily
rest period’
means the daily
period during which a driver may freely dispose of
his time and covers a
‘regular
daily rest period’
and a
‘reduced
daily rest period’:
You are
able to start work at 4am on Wednesday. You
are not covered by the drivers hours regulations or
the Working Time Directive, because that directive
refers to working time at the workers work station
and that is defined as:
‘workstation’
shall mean:
— the location
of the main place of business of the undertaking for
which the person performing mobile road transport
activities carries out duties, together with its
various subsidiary places of business, regardless of
whether they are located in the same place as its
head office or main place of business, — the vehicle
which the person performing mobile road transport
activities uses when he carries out duties, and —
any other place in which activities connected with
transportation are carried out;
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Who is responsible for
setting the Tacho clock
Q Who is responsible for
setting the Tacho clock to the correct time
assuming, that there is no fault with the
Instrument, a colleague says
that it should only be reset by the the workshop
staff. I thought it was
the drivers responsibility to make sure that the
clock was set to the
correct time before the start of their driving
period. And what is then
tolerance allowed on the time setting of the clock.
R Under Article 15(3)
EEC Council Regulation 3821/85 the driver shall
ensure that the time recorded on the sheet agrees
with the official time in the country of
registration of the vehicle. The tolerance
is 2 minutes per day,10 minutes per 7 days.
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Q I'm starting a plant
(JCB type) business and i will be driving a 7.5tonne
vehicle! Could you explain the use of a tachograph!
Also if I use the vehicle for personal use like
going to pick up family do I have to log this or use
the tachograph (this is NON commercial travel)?
R All driving of
vehicles to which the regulations apply requires the
use of a tachograph. If your vehicle was not
used at all for commercial carriage of goods you
would not need to keep a tachograph. (i.e taxed
private).
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Driver
Q Is it permissible for
a driver to drive a vehicle for, say 2 hours and
then work in a different role (not as a driver or in
any way driving related) for another 20 consecutive
hours? This driver may not drive again for days (or
work at all the next day), and the vehicle in
question will be returned to base by a completely
different driver that is within their hours limit.
The question comes down
to if you ever drive a vehicle requiring a tacho for
any time as part of your job are you then always
bound by the minimum daily rest period requirements?
If you are bound this way then our employer could
never pay us legally for more than 15 hours work in
a day whether we drove that day or not.
R 'm afraid that as soon
as you drive any vehicle to which the regulations
apply then all of those regulations apply, including
daily and weekly rest.
I once heard of a warehouseman who drove a vehicle on a
Sunday for a few hours to help out and he got fined
for failing to take sufficient weekly rest (from the
time he finished in the warehouse on Friday to when
he started Sunday).
Q I work one day a week
driving mainly at weekends to supplement my main
income. As such I am only looking at driving for 9
hours per week. During the 24 hour period that I
work, am I subject to the normal driving hours
legislation in respect of daily rest? i e. Am I only
allowed to work 15 hours maximum during that 24 hour
period (including driving) even though I have not
driven for 6 days previous and I will not drive
again for another 6 or 7 days?.
R Once you start driving
vehicles covered by the regulations, even for the
shortest period, then all of the regulations apply.
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Two dates on charts
Q Can you tell me if you
can be prosecuted for not filling out the date
twice? And also is there points on your licence for
this?
R
You need
to enter two dates on the chart.
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Van and trailer
Q A friend has been
summoned to appear at court under Section 97(1)(a)(i)
of the Transport Act 1968 as his Nissan Vanette and
trailer where not fitted with a tachograph.The circs
being that his Nissan Vanette Cargo was pulling a
double (empty) trailer back from a job where he had
dropped off some ply wood. The gross vehicle weight
was 2505kgs and gross train weight of 4005kgs the
trailers gross weight being 2300kgs and its train
weight being 4005kgs, does this vehicle come under
the scope of tachograph regulations one of the
officers who stoped him says it would make a
difference if he traveled under 31 miles is this
correct.
R The regulations apply
to 'carriage by road' which means any journey made
entirely or in part, on roads open to the public of a vehicle, whether
laden or not, used for the carriage of passengers or
goods, so the fact that the trailer was unladen at
the time does not make it exempt from the
regulations I'm afraid.
They do not apply to
vehicles used for the carriage of goods where the
maximum permissible weight of the vehicle, including
any trailer or semi-trailer does not exceed 3.5
tonnes. In your case the train weight is 4005
kilogrammes, or 4.005 tonnes and is therefore
subject to the regulations. The vehicle on
it's own at 2505 kilogrammes does not need a
tachograph and this is why one was probably not
fitted.
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Q. We run Transit dropside 3.5
tonnes. We have fitted Tachos as we occasionally tow. Most of the
deliveries are local and then back to the depot to reload/unload and
usually a cup of tea! We have the tacho loaded with a disc for most
of the day but do we really need to do that? Could we just run the
tacho when we are towing?
R. Under Article 2 REGULATION (EC)
No 561/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15
March 2006, states that the regulation applies to f goods where the
maximum permissible mass of the vehicle, including any trailer, or
semi-trailer, exceeds 3,5 tonnes. Therefore when towing a
trailer you need to comply with the regulations.
However Article 6 of the same regulation
states:
A driver shall record as other work any time spent as described in
Article 4(e) as well as any time spent driving a vehicle used for
commercial operations not falling within the scope of this
Regulation, and shall record any periods of availability, as defined
in Article 15(3)(c) of Regulation (EEC) No 3821/85, since his last
daily or weekly rest period. This record shall be entered either
manually on a record sheet, a printout or by use of manual input
facilities on recording equipment.
Therefore, although you do not need
to keep a tachograph you still have to record the duty as 'other
work'
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Employer/employee... ?
Q How long do I
have to hand my charts into my employer, to get them
from my driver.
R You have
42 days
from the completion of the chart. Which means
the date that you finish where the chart goes over
night.
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Q Where a agency
driver works for me can I take the chart from him at
the end of the day and give him a photocopy to keep.
R No by law he is
required to carry the charts for the current day and
those completed within the previous 28 calendar
days.
If you do this you may be guilty
of aiding and abetting the driver not to have his
chart for that day and not being able to produce
the charts.
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Q What happens
where I've been off work for three weeks.
R
You only have to carry the current days chart and the charts
completed during the week prior to being off
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Q Where the
tachograph becomes faulty it is the employers
responsibility - right.
R Wrong.
Both the employer and driver are responsible for
ensuring that the equipment operates correctly.
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Q How do I know
that I've got the right charts for the type of head
in the vehicle.
R You must check
that a number on the rear of the chart matches one
in the head and this is both the number in the box
and one of them under it.
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Q Is it right that
when I use a vehicle with an automatic head I should
leave it on rest.
R No. An
automatic head will only automatically record drive
when the vehicle moves. The correct way to use
this type of head is to select other duty (crossed
hammers)
before you set off and to select bed only when you
take a break. In this way the head will
automatically revert to crossed hammers when you stop to record
loading or unloading.
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Q If a driver uses
a chart or charts that have not been issued by his
employer is he required to return those charts to
his employer, or is he only required to return
charts issued by his employer.
R An employed
driver is, without reasonable excuse, required to
return any record sheet which relates to him to his
employer within 42 days of completion. The
optimum words being any record sheet. So
irrespective of where he got the chart(s) from, he
must return them to his employer - who is the person
who utilises the services of that driver. For
further information on employers and employed
drivers see drivers hours legislation.
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Q. If I work for more
than one employer at any given time which of the
following is correct??
a: I keep all the
tachographs
b: The last employer I
worked for keeps them
c: My main employer
should be given a photocopy of any tachos out with
their employment
d: The employer who
supplied the tachos keeps them
R. If you are an
employed driver, i.e. you are not an owner - driver,
you must return the charts to the first person to
employ you and believe it or not that is all of your
charts, including those for any other employer.
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Q. Does an employer have
the right to check a tachograph not for
infringements but to see if the drivers are working
to there full potential? We have been advised by our
employers that tachographs will now be checked at
random to see if we have been taking too many breaks.
R. Under the regulations
and employer is required to check charts for
infringements and to take steps to prevent their
repetition. As far as checking to see if you are
taking too many breaks I would think that he is
entitled to do this in relation to the calculation
of wages and working times, but it is not a legal
requirement to do so.
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Q Can a company take
deductions for a driving break of 45 mins & a meal
break of 45 mins if the driver after 4.5 hrs driving
has to take a tacho break but is not able to eat as
he is not able to/ near any facility's to do so then
takes a meal break when he can do so.
R Payment for meal
breaks is not covered by the drivers hours rules and
I would surmise is contained in the contract of
employment.
If the driver is not paid for meal breaks I would
suggest that this is exactly what it means. If
however, the driver is required to take a break by
law and is not able to have a meal I cannot see why
he should not be paid for it, because it is a legal
requirement.
If the driver has been negligent in the way that he
has organised his day to put himself in this
predicament and by exercising more discretion he
would have been able to reach a place offering
suitable refreshment, then I think the company may
have a case. If however he has followed the route
prescribed by the company, then I think he should be
paid.
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Q Can a transport office
plan you to drive more than 9 hours or is that +
1hour for the drive to use at his discretion.
I need to know if the + 1 hour is for the driver or
can the transport office plan it on your run.
R The law says that the
driving period between any two daily rests, or daily
rest and weekly rest, shall not exceed 9 hours,
which may be extended to 10 hours twice in any one
week. It does not say who is responsible for those
increases. The only reference it makes to the driver
is that after no more than six 24 hour periods from
the end of the previous weekly rest a driver must take a weekly rest period.
The decision on whether or not you must drive these
extra hours, I would surmise, depends on your
contract of employment. You and your employer, must
also realise that the maximum driving in any
fortnight can only be 90 hours. So if for example
you drove for the maximum this week 2x10 + 4x9 = 56
hours, you can only drive 34 hours the following
week and you can only have driven for 34 hours the
previous week, because the maximum driving time in
consecutive weeks can only be 90 hours..
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Who is responsible
Q. Any infringement in
tachogragh input is the responsibility of the
driver, but who has the overall responsibly,
transport manager, CPC holder, direct employer,
contractor, or direct employer
R.
Article 10(3) of Regulation (EC) 561 states:
A transport undertaking shall be
liable for infringements committed by drivers of the
undertaking, even if the infringement was committed
on the territory of another Member State or a third
country.
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Double Manning..?
Q If a vehicle is
double manned, can the first driver drive for 9
hours and then the second driver do his 9 hours
driving.
R Yes. The
criteria for double manning is that both drivers
must have 8 hours rest in 30 hours. However
they still have to comply with the maximum driving
periods. Therefore driver 1 can drive for four
and a half hours then he must take a break of 45
minutes. He can the drive for 4.29 minutes.
If he drives for 4.30 minutes he will have to take a
45 minute break or start a daily rest period.
The second driver can then complete his 9 hours
driving in the same way following which they must
both take 9 hours daily rest before the 30 hours is
completed.
Also
read.
GUIDANCE NOTE 2
Recording the travelling
time of a driver to a
location that is not the
usual place (Also
includes multi manned
vehicles)
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Maximum weekly duty
double manned vehicles
Q if a double team start
work at midnight on Sunday and work the maximum
hours possible, when does their week finish? Does it
finish on, or before midnight on Saturday, or can we
do 6 x 30 hour periods?
R In each week you are
required to take a weekly rest and having taken this
weekly rest you cannot perform more than 6 x 24 hour
periods before taking another weekly rest (i/e 144
hours from the finish of you previous weekly rest)
Double manning
Q We are hiring a 7.5
tonne vehicle to collect equipment in Europe and are
sending 2 personnel, how do they record their
individual driving hours? Do they fill in individual
charts or use the same one?
R Both drivers will need
to keep separate charts. When driving the
driver will use the first man position and the
passenger will use the second man position.
When they change over they will also need to change
their tachographs. Check before setting off
that the vehicle is fitted with a two man tachograph
head. For information on double manning, visit
driver’s hours on our site and click on the link to
double manning.
Same
applies to digital tachogrphs.
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Driving & double
manning
Q If I am double manned
can I drive for 4 1/2 hours and then the second
driver drive straight away
R Read
GUIDANCE NOTE 2
Recording the travelling
time of a driver to a
location that is not the
usual place (Also
includes multi manned
vehicles)
which
states that 45 minutes of the period in the second
man position can be classed as rest.
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Inland Revenue
Q. Can
you tell me if the Inland Revenue request your
tachos, do you have to provide them?
R. An
officer on production of his authority may require
any person to produce and permit him to inspect and
copy tachograph charts. An officer is defined
as being a public service vehicle examiner or an
examiner appointed by the traffic commissioners or
licensing authority for any area, or a police
officer appointed by a Chief Officer of Police, who
if wearing his uniform shall not be required to show
his authority.
This
authority is given under transport legislation and
it is possible that there is an authority under
taxation law for the inland revenue to inspect any
documents that will show if there is any taxation
due. The simple and easiest answer to this
question is to ask the person requiring to see the
charts to inform you of the source of his authority
to demand these charts and to state under which Act
and section he is making this request.
You are not
breaking any law in asking the person to give these
details which can be checked to see if that person
does have the required authority. I would in
the first instant produce the required charts,
because should a future check reveal that there is
no authority to require the production of these
charts then the evidence gained from them may well
be in-admissible. However if you fail to produce the
charts following a legitimate request then you will
undoubtedly commit an offence.
It is also
important to understand that where anyone is
lawfully on premises, under The Police and Criminal
Evidence Act it is is legal for them to seize
anything which may be subject of a criminal offence.
So do not invite any one onto premises, which would
make their entry legal, without confirming their
legal authority to enter. If a person comes to
your premises and says that he's come to see you
about certain matters, whatever they may be "can I
come in" and you allow access, you may well validate
the entry by giving your permission for that
person to enter.
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Off Road Driving
Q. Do dock
area's count as off road driving ? They are open to
anyone who has business there ( does that mean they
are public road's.
R. The
regulations regarding the use of tachographs refer
to 'carriage by road', which is defined as any
journey made entirely or in part on roads open to the public, of a
vehicle whether laden or not, used for the carriage
of passengers or goods. This would be classed as
driving.
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Driving on docks
Q REGARDING
WORKING ON THE DOCK WHICH IS CLASSED AS OFF-ROAD
DRIVING (security & barrier on entrance)
SCENARIO: - BEEN TRAMPING MON-FRI FINISHED 5pm FRI
NIGHT DRIVEN 45 HRS-Been REQUESTED TO WORK FROM 9am
SAT MORN TILL 6PM SUN NIGHT. ON THE DOCK FOR
INTERNAL MOVEMENT OF RAW MATERIALS ,USING THE SAME
VEHICLE AS I DO DURING THE WEEK.
WHAT BREAKS ARE REQUIRED?
DO I REQUIRE TO USE TACHO'S?
WHAT TIME CAN I START MY WEEKLY WORK AGAIN?
R I do not understand the term
‘Tramping’, but if it involves driving on public
roads, even for a short period, then all of the
tachograph regulations apply. If it means that
you undertake all of your driving within the
confines of the docks, then tachograph regulations
do not apply.
Therefore if you have
worked Monday to Friday, you cannot work on Saturday
and Sunday. After 6 days or 144 hours you must take a weekly rest (details of this
can be found under drivers hours legislation).
You would be able to work on Sunday,
(if you had taken a weekly rest between finishing on
Friday and restarting on Sunday).
If you only drive on
private areas, (i.e. the docks), you do not need to
keep a tachograph record. However if your
duties involve driving on public roads you do.
This would also come under working time in the
Working Time Directive.
If you finish duty at
5pm on Friday then you can legally re-start 45 hours
after the finish time, which may be reduced 24 hrs
0nce every fortnight.
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Removal of charts
Q. I am
under the impression that at the end of a drivers
daily working period, the tachograph disc must be
removed and never be left in the tachograph for
longer than 24 hours. However, one of our
coach drivers was fined in Germany for not keeping
his chart in for a 24 hour period. Were the
Germany Authorities correct in fining our driver?
R. The
legislation governing this states 'Drivers shall use
the record sheets every day on which they are
driving, starting from the moment they take over the
vehicle. The record sheet shall not be withdrawn
before the end of the daily working period, unless
otherwise authorised. No record sheet shall be
used to cover a period longer than that for which it
is intended.
The two
points here are
a. That it
is intimated that the chart can be removed after you
have finished your working period, which does not
mean just driving, and conversely does not include
daily rest, which is not duty.
b. That you
must remove the chart before it goes over twenty
four hours, which in itself would be an offence
under the second part of the regulation.
With much of
this legislation it is a matter of interpretation.
In this country it is acceptable to remove the chart
at the end of the working day. However on the
continent they require drivers to leave the chart in
to record overnight rest, even if it over traces the
start, to show no breaks in the traces. The
authorities in this country are aware of this
interpretation on the continent and are generally
sympathetic to drivers who have charts where the
daily rest traces over the start of the chart.
One answer
is to remove the chart at the end of the working day
and to put the chart in for the next day, to record
the daily rest at the beginning of the chart.
The driver, however, must still be aware of the time
that he inserted the chart to prevent over tracing.
Lastly if we
look at a vehicle which is manned 24 hours per day,
if the night trunk driver came into the base to hand
over the vehicle to the day driver, if he was
required to leave his chart in the tachograph to
record his daily rest, where would the day driver
put his chart?
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Q I work at a builders
merchant, i work on the yard plus I do small
delivery's on the small van . I also have a Hgv
licence. The builders merchant have a 18 tonne brick
lorry the driver comes back in the yard for dinner
he as one hours dinner they want me to carry on
doing delivery's why he is on his dinner what do I
have to do and what does he have to do, how does it
work with the tachos?
R You put a chart into
the tachograph to record your duties and the driver
can either remove his chart and make a manual entry
on the rear of the chart indicating his break, or he
can put his chart into the second man position in
the head (provided there is one) whilst he is on
break and then put it back into the first man
position when he resumes driving.
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Refuse
Collection
Q. Do refuse
vehicles driver's still have to use tachographs when
fitted? or doe's an FTA W20 drivers log book still
meet current legislation. If the log book meets
legislation, how doe's this apply? Driving distance
is about three to four mile from depot, covering
approx twenty to thirty miles per day. The
vehicle is a wheeled bin collection vehicle, fitted
with a tacho, but is not currently being used.
The vehicle is a twenty six tonner.
R. Under the
regulations vehicles used for door to door refuse collection are
exempt from using a tachograph.
A simplified
record book can be used which merely records your
daily duty and driving. The limits are:-
Maximum
driving of 10 hours. Maximum duty of 11 hours and a
break of at least 30 minutes during or at the end of
five and a half hours duty - this does not mean just
driving.
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|
Tachographs and
vehicle returning from service
Q. If a lorry is
coming back from a garage after a service,
is the driver required to put a chart in as
the lorry is just returning to our yard.
Also the lorry at this point is not under
any type of hire & reward clause. The
distance travelled is 15km.The lorry is a 3
axled rigid tanker with no load on.
R. I'm afraid
that under the circumstances mentioned the
driver does need to keep records. The
distance travelled, the fact that the
journey was not for hire or reward, or that
the vehicle was unladen do not affect the
keeping of records. Tachograph records have
to be kept by the driver where there is a
journey on roads normally open to the
public, of a vehicle used for the carriage
of goods, whether laden or not. Also
under the definition of a driver it states
that a person becomes a driver when he
drives one of these vehicles even for a
short while, so the distance of 15
kilometres does not affect this.
There is an
exemption following the repair of a vehicle
but this is only where it is undergoing a
road test following the repair or
maintenance.
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Travelling to or from a vehicle
Q. I drive an HGV lorry and
last night I worked a 15 hour shift. Approx
4 hours before the end of my shift I phoned
my depot manager to inform him that I was
running out of time and will probably be
required to be picked up from Preston before
I ran out of hours. I arranged with him to
send a relief driver in a van to meet me in
Preston and I would be driven in the van
back to the depot before my 15 hour shift
had expired.
It was not until my 15-hour shift had
expired until the van arrived with a relief
driver and I was driven back to the base
arriving back nearly two hours after my
shift had expired. I argued with the manager
that he was eating into MY Daily Rest Period
and that I should have been back in the
depot before my shift had expired. He said
that because the company had supplied a
vehicle to collect me and return me to the
depot or my house as I found out later, then
they were entitled to do so. Is this
correct.
R Under
Article 9
REGULATION (EC) No 561/2006
OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL of 15 March 2006,
which came into force on 11th
April 2007 it states.
Article 9
2. Any time spent travelling
to a location to take charge of a vehicle
falling within the scope of this regulation,
or to return from that location, when the
vehicle is neither at the driver's home nor
at the employer's operational centre where
the driver is normally based, shall not be
counted as a rest or break unless the driver
is on a ferry or train and has access to a
bunk or couchette.
3. Any time
spent by a driver driving a vehicle which
falls outside the scope of this Regulation
to or from a vehicle which falls within the
scope of this Regulation, which is not at
the driver's home or at the employer's
operational centre where the driver is
normally based, shall count as other work.
Therefore as you
can see under 9(2) this time is not a break
or rest and unless you were driving it is
not other work.
Seeing that you
had completed 15 hours duty, before being
picked up you must commence a reduced daily
rest immediately. But under the definition
of rest and daily rest, the time in the van
could not be counted because you were not
free to dispose of your own time and
therefore since it is not rest or a break,
driving or other work, I would say that it
was a period of availability.
‘Rest’
means any uninterrupted period during which
a driver may freely dispose of his time;
‘Daily rest period’ means the
daily period during which a driver may
freely dispose of his time and covers a
‘regular daily rest period’ and a ‘reduced
daily rest period’:
Clearly, sitting
alongside the driver you could not freely
dispose of your own time.
Under Article 6 of the same
regulation it states:
5. A driver shall record as
other work any time spent as described in
Article 4(e) as well as any time spent
driving a vehicle used for commercial
operations not falling within the scope of
this Regulation, and
shall record any periods of
availability, as defined in Article 15(3)(c)
of Regulation (EEC) No 3821/85, since his
last daily or weekly rest period. This
record shall be entered either manually on a
record sheet, a printout or by use of manual
input facilities on recording equipment.
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Opening the Head
Q. I have been
told by a man from the ministry that you
shouldn't open the head on the tacho because
I would have to account for why the head was
open, also brings up problems of missing
mileage if you drive while the head is open.
Who is right ???? You or the ministry???
R. I am correct.
Drivers have the right to open their head
and check what duties they have performed.
If they didn't open the head how would they
be able to check their breaks or driving?
Say for example
a driver was held up due to roadworks, an
accident or other delay, he may need to
check that the delay has not taken him over
his driving hours. How would he do
this if he was not allowed to open the head.
As regards the missing mileage this could be
checked by comparing the distance trace
before and after the head was opened.
If there was a short gap with no movement,
there's no problem. If, however, the
vehicle is moved whilst the head is open,
then this is a totally different scenario
from that of opening the head just to check
the duties on the chart.
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Q I am being
given conflicting advice so perhaps you may
be able to clarify in
one of your fact sheets. Is it an
offence to open the tacho head to check
daily driving / Rest Periods or to alter a
mistakes in mode operations etc... during
the working period?
R
It is not an offence to open the head to
check the tachograph chart.
Any mistake on a
chart can be corrected, including using the
wrong mode and details of the mistake should
be written on the rear of the chart.
We are all fallible human beings who make
mistakes and there is nothing wrong in
correcting a mistake. What you can't
do is make an entry on a chart, which is
false, or that you know to be incorrect.
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Carrying Charts
Q What
charts must I now carry.
R Where
the driver drives a vehicle fitted with
recording equipment in conformity with Annex
I, the driver must be able to produce,
whenever an inspecting officer so requests
the current days chart and any completed
within the previous 28 days.
Change of
vehicles on charts
Q in my job as a
driver for a builder’s merchant cans you
help me. I change wagons every time I come
into the yard with a empty truck and pick up
and drive off with another which is loaded.
-
How many
times can this be done, in a week, a
day?
-
What is the
proper way of doing this.
R You can change
vehicles any number of times in a day or
week provided that you do no exceed the
maximum driving time and you take sufficient
daily or weekly rest. On most charts
you can have up to four changes of vehicle.
One on the front and three on the rear.
On the front of the chart you must have
details of the first vehicle together with
the date and place where the chart
starts and ends. If you have
four changes of vehicle it means the date
and place where the first vehicle was used
and the date and place where the last
vehicle was used.
When you change
vehicles you must enter the time of change
to each vehicle, the registration number and
the odometer readings. You do not have
to record any destinations in between the
first and last ones.
You must also
check that the chart used is suitable for
all vehicles. To do this the E number
in the tachograph head must match one on the
rear of the chart.
Q I was asked
this question in an agency recently and
can't remember seeing an answer when
studying for the test. "What action must you
take if you drive a second vehicle during
the day fitted with a different make of
tachograph"
PS as a newcomer
I have found the web site a great help.
R It is the
responsibility of the employer to issue the
driver with charts of an approved type
suitable for use in the equipment installed
in the vehicle - Article 14 Council
Regulation (EEC) 3821/85.
Apart from this
offence if you are not issued with the
correct chart you should keep manual entries
on the rear of the first chart - time of
change of vehicle, registration number and
odometer readings.
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Emergencies -
Article 12 EEC Council regulation 3820/85
Q I drive a
coach on a regular route that is
currently being rebuilt in several places.
The road works frequently put me in breach
of my driving hours. Is getting my
passengers safely to there destination
emergency enough or should the bus company I
work for make arrangements to cover the
delays caused by road works
R I'm afraid
that the provisions of article 12 of
Regulation (EC) 561 regarding the reaching of
a suitable stopping place relate to
unforeseen circumstances.
This Article
has been the subject of a court case in
which the defendant put forward the defence
that the article did not refer to the
circumstances as being unforeseen.
Therefore, even though the driver, on that
occasion, knew that he would not be able to
make his destination within four and a half
hours driving, because the destination was a
bonded warehouse, in the interests of the
safety of the load, article 12 applied.
The court found
against the defended and said that article
12 referred to unforeseen circumstances.
In your case the company will have to make
provision for the roadworks. This is
of course provided that you are required to
keep a tachograph under the EEC regulations
(i.e. you do not qualify for any of the
exemptions given to PSV's on regular routes,
or the number of persons carried, distance
travelled etc.).
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Q If I am
held up in traffic due to an accident can I
go over my four and a half hours driving and
can I go over my 10hrs driving, to enable me
to make all my drops.
R If the
hold up was during the day you can exceed
four and a half hour driving only if it is
necessary to enable you to you to reach a
safe stopping place. The same applies
if it were at the end of the day and it was
necessary for you to exceed 10 hrs driving
to reach a safe stopping place. You
cannot exceed 10 hrs driving just because
you were delayed, in order for you to make
all your drops.
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Q I start work
at 20:00. At 07:00 I suffer a tyre failure
at my delivery point. I phone in to report
and request assistance. I unload vehicle
between 07:00 and 08:30 and then turn tacho
to rest. Tyre fitter arrives at 09:45 and
completes job by 11:00. I am now out of
hours (15 hrs overall). I drive back to
depot, arriving 12:30 and sign off at 12:45,
total 16.75 hrs. I write on back of chart,
"Delayed waiting for breakdown repair." Is
this illegal? My company says it is and
wishes to discipline me because I exceeded
the legal overall duty time. I say that,
were it not for the breakdown, I would have
completed the job within the legal
boundaries, therefore I should not be held
liable for circumstances beyond my control.
Who is correct? A break is also shown from
0310 to 0405 after three and a half hours
driving and I did not attend work the
following night.
R A driver may
depart from the provisions of the
regulations in an emergency in the interests
of the vehicle passenger or load to such an
extent to reach a safe stopping place.
I would say in your circumstances there was
no emergency which required you to drive
back to the depot and from 11.00 am you
could have remained within your hours and
reached a safe stopping place. The delay was
due to a puncture, which had been repaired
and you were able to deliver your load.
However you may have cause to exceed your
hours under these circumstances, to return
to your depot, if you did not have the
facilities to obtain food and refreshment,
or washing facilities. i.e., you were not
expecting to stay out overnight and did not
have sufficient funds to buy refreshments or
have a change of clothes and toiletries.
Unfortunately all of these cases of
'emergency' have to be viewed on their
merits and a decision can only be made by
the court. However this might be mitigation
or your employer.
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Unforeseen
Emergencies
Q I work for a
large bus company in the west midlands. As
there are ongoing roadworks in the city
centre, we are always being told to finish
our duty, the company quotes emergency RTA
rules, this happens every day, can they do
this? Secondly, we never get our lieovers
due to constant late running, are we
entitled to these lieovers as part of a
break or not.
R In the
interest of the safety of the vehicle,
passengers or load and in order to reach a
safe stopping place the driver may depart
from the provisions of the regulations.
However following a court ruling this must
be in unforeseen circumstances. If you
are aware that roadworks will cause delays I
do not think that you could use this excuse
on a regular basis.
As regards
driving and rest periods, these will depend
on the type of operation and the number of
passengers carried, which affects the number
of hours daily rest that must be taken.
However in all cases you are required to
take daily and weekly rest periods.
Full details of these may be obtained from
your local department of transport. Or
try this link
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Exemptions
Broadcasting
vehicles
Q We carry
aviation fuel all over the country to refuel
a helicopter that is used for broadcasting
purposes. Are we exempt under the
tachograph exemption regarding vehicles used
in connection with radio and television
broadcasting.
R Although the
exemption is not specific saying, - vehicles
used in connection with radio and television
broadcasting – which may cover a multitude
of activities, it is our opinion that you
are not exempt because your vehicle is a
support vehicle, rather than a vehicle
actually carrying radio or television
broadcasting equipment. The vehicle
that is carrying the broadcasting equipment
is the helicopter. It is our opinion
that the vehicle to be considered for
exemption would have to be the one used in
connection with radio or television
broadcasting rather than a support vehicle
to this service.
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Minibus
Q. I am hoping
you will be able to provide me an answer
with the following or even give me a link
involved with the following?
What is the basis for a minibus to need a
tacho? i.e. if I have an 8/12/16 seat
minibus is a tachometer needed? I previously
thought it was based on vehicle weight but
have heard that the laws changed, everyone
has different thoughts of what the
requirements actually are. I am ideally
looking for a text book answer that is the
law!!
R. There has
been a change in the law but it has not
affected the weight of minibuses.
Whether or not a minibus needs to use a
tachograph is based on the number of seats
it has.
The legislation
involved is:
REGULATION
(EC) No 561/2006 OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL of 15 March 2006 on
the harmonisation of certain social
legislation relating to road transport and
amending Council Regulations (EEC) No
3821/85 and (EC) No 2135/98 and repealing
Council Regulation (EEC) No 3820/85.
Article 2 of
this regulation states
1. This Regulation shall apply to the
carriage by road:
1(b)
of passengers by vehicles which are
constructed or permanently adapted for
carrying more than nine persons including
the driver, and are intended for that
purpose.
‘carriage by
road’ means any journey made entirely or in
part on roads open to the public by a
vehicle, whether laden or not, used for the
carriage of passengers or goods;
However the same
regulation empowers Member States to grant
exemptions to certain vehicles for use
within their State. Under Article 13
of the same regulation is the following
exemption:
13 (i) vehicles
with between 10 and 17 seats used
exclusively for the non-commercial carriage
of passengers;
Therefore if you
drive a minibus within an EC state, other
that GB, you need a tachograph if it has
over 9 seats, whereas for sole use in GB you
only need to use a tachograph it the vehicle
has 18 or more seats.
Non commercial
carriage of goods across member states
Q I am driving a
7.5 tonne truck from England through France
to Alicante in Spain. I am a class 1
driver and have a fair grasp of the
tachograph laws but my situation is slightly
different as I am doing this driving for
relatives who are moving to Spain. It
is entirely as a favour, they are paying all
costs, i.e., driving expenses and I am
treating the drive as a holiday. This
will be over a period of a week.
My trip is definitely of a non commercial
nature, and over here I would not be worried
but are the regulations different in Spain
and France, I cannot find out anywhere about
the rules as they are applied there
R The exemption
under Council Regulation (EEC) 3820/85
Article 4 section 12 says:
This regulation
shall not apply to the carriage by:
Vehicles used
for the non-commercial carriage of goods for
personal use.
These
circumstances apply to all member states,
not just national journeys and therefore the
non-commercial moving of personal
possessions through France to Spain falls
under this exemption.
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Exemption for
selling tools
Q I drive a 7.5
ton van selling tools to garages if the 1st
stop is over 50kmh do I need to use the
tacho. I stop and start calling into 20
stop a day. Working 10 - 12 hrs a day my
employer say I don’t need to worry!
R I’m afraid
that the 50km rule does not apply to your
use of the vehicle. This only applies
to drivers who carry material or equipment
for the drivers use in the course of his
work.
The definition
‘carriage by road’, which covers the use of
tachographs, means any journey made on roads
open to the public of a vehicle whether
laden or not used for the carriage of
passengers or goods. The use of
your vehicle comes under this definition and
therefore all of the regulations apply.
Q if I drive a
van for 2 hrs , work in yard for 6 and half
hrs ,get sent home 6 hrs can i work driving
a hgv on chart for 5 hrs in a 24 hrs cycle ,
the van does not have a tacho fitted ?
R The answer is
no. If you drive any vehicle to which
the regulations apply for even a short
period, all of the rules apply, one of which
is that you must take a minimum daily rest
i.e. 11 hours reduced down to 9 3 times in a
week.
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Q. I am asking this question on behalf of one of my
relations who is employed by a company that does road
repairs as well as replacing damaged lamp posts etc for
various London borough Councils. He has to drive a 7.5
truck that has a tachograph fitted but he has been told by
his transport manager that he is exempt from all EU
tachograph regulation as well as POA regulations because of
the type of work that they undertake for these Councils. The
Company that he works for are subcontractors to these
Councils so my question is: can they be exempt from all
Tachograph rules?
R. The following exemption to the use of
tachographs is given for vehicles used as below, which would cover
the use described by yourself
vehicles used in connection with sewerage, flood
protection, water, gas and electricity maintenance services, road
maintenance and control, door-to-door household refuse collection
and disposal, telegraph and telephone services, radio and television
broadcasting, and the detection of radio or television transmitters
or receivers
If
you are exempt from the regulations then the Road Transport
Directive does not apply.
Utility
Vehicles
Q We operate a
mixed fleet carrying out highways repairs
for the water and gas boards. Some of
these repairs are emergencies and others are
planed maintenance. Can we take
advantage of the exemption from the EC
Drivers Hours Regulations for Water and Gas
utility providers or is this exemption only
open to the actual utilities themselves as
we do carry out these works for commercial
gain.
I realise that we would be exempt if we
carried out these works on 7.5 tonne
vehicles and that the exemption for highway
maintenance is effectively dead due to
recent case law.
R I do not know
of any cases involving your type of work
specifically, but the exemption you talk
about which includes vehicles used in
connection with water, gas and electricity
services also includes those used for refuse
collection and there has been a decided case
on this type of vehicle, which states that
this refers to local authority vehicles
only. It arose when a skip company
tried to claim this exemption, which was
accepted by the Magistrates Court but
overturned by the Crown Court.
In view of this,
because your type of work is under the same
exemption I would presume also that this
refers to local authority vehicles only.
To clarify you may wish to contact your
local Vehicle Inspectorate and tell them
what I have said to see if they agree.
I do not believe
that there would be any difference if the
vehicle was only 7.5 tonnes.
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Garage Staff
Q 1. Are garage
staff exempt from using tacho charts if they
use a vehicle for transport to pick up
spare parts etc?
2. Does a Tacho chart
have to be used to travel to & from the
Testing
Station?
R 1. Yes
they do need to keep tachograph records.
The only time that they are exempt is where
they are driving vehicles undergoing road
tests for repair or maintenance purposes.
2.
Yes they do need to keep tachograph
records
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Landrovers
Our drillers
drive Landrovers to site etc towing plant.
Occasionally
(may be weekly or less than monthly) they
tow "goods carrying" trailers
and so the vehicles have been fitted with
tachographs.
Q. If they drive to site towing a "goods
carrying" trailer on Monday
morning, but do not use the trailer for that
whole week (but continue
driving from digs to site etc), when do they
need to use the tachograph?
only on the day they tow the trailer, every
day of that week?
R An exemption
is given to vehicles (including trailers)
carrying material or equipment within a 50km
radius of their base for use by the driver
in the course of his work and driving does
not constitute his main activity. If
we break your use down the following
applies:-
1. If the
vehicle and trailer do not exceed 7.5 tonnes
and work is within 50 km of base - no
tachograph.
2. Landrover on
it's own - no tachograph
3. Landrover and
trailer (if over 3.5 tonnes maximum
permissible weight - laden or not) over 50
kms - tachograph, whether transporting goods
or towing equipment.
If you are
required to use a tachograph, even for one
minute, all of the regulations apply, ie
daily and weekly rest etc.
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Mobile Cranes
Q. I drive and
operate a crane, which is used purely in
connection with the
company's own business, and is operated on
various sites within a 15 mile
radius of base.
The crane is fitted with a tachograph but I
have not used it.
Our Transport Manager is now saying that I
must use the tachgraph and abide
by drivers hours regulations.
My understanding is that I am exempt
because:
(a) the crane is not used for
the carriage of goods or passengers
(b) I do not drive on the road
for more than 4 hours per day
(c) the crane is operated within
15 miles of base
Can you please clarify this for me and
identify the appropriate regulation
that applies to this scenario
R Since
the crane is not used for the carriage of
goods I would say that you are exempt under
Article 1 EEC Council Regulation 3820/85 -
refers to carriage by road.
CARRIAGE BY ROAD
- These regulations apply to carriage by
road as defined:-'carriage by road' means
any journey made on roads open to the public
of a vehicle, whether laden or not, used for
the carriage of passengers or goods.
And Article 4(1) of the same regulation
which again refers to vehicles, over
3.5tonnes used for the carriage of goods
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Towing goose
neck trailer
Q. Do I need a
tachograph if I am towing a gooseneck
trailer that has the capacity to tow 5
tonne? I will be using a Landrover to tow it
and the load will be static caravans
weighing about 3.5tonne.
R Sorry for my
ignorance but I do not know what a goose
neck trailer is, but the weight of the
static caravan will bring your vehicle into
the category that requires the use of a
tachograph, if it falls into the categories
of trailer below.
The regulations
apply to vehicles having a maximum
permissible weight including any trailer or
semi trailer exceeding 3.5 tonnes. The
amendment to the Transport Act 1968 brought
into this category 4x4 vehicles with rear
seats such as the Landrover Discovery and
Range Rover which were generally taken as
exempt from the regulations by virtue of the
fact that they are passenger vehicles.
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Other work
Q Please could
you tell me if when working at the back of a
mixer wagon and discharging the concrete, is
this classed as other work or as driving
time ? I haven't been driving this type of
vehicle before and find it difficult trying
to work out when to stop for breaks if this
was to be the case . please could you put me
right once and for all.
R Work of
any kind once you have started to drive
vehicles to which the regulations apply, is
classed as work. Only when you are
actually driving is classed as such.
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Photocopies
Q Is it legal to
ask a driver to photocopy his tachograph.
R I don't know
what you mean exactly by the question. If
you are asking is it legal to take a drivers
chart off him and give him a photocopy, the
answer is no, if it is one of the charts for
his current week, or the last chart from the
previous week on which he worked.
In doing so the driver commits the offence
of not having the charts for his current
week, or chart form previous week and the
person taking his chart off him and giving
him a photocopy may be found guilty of
causing the driver not to have the charts
for his current week ....etc. A photocopy
will not suffice, the driver must have the
originals in his possession.
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Driving Goods
vehicle/PSV's in the same week
Q My partner
drives a delivery vehicle for a company in
the week. At the weekend he sometimes takes
a party of people away to Europe in a coach.
The driving is minimal only about 10 hours
overall. Can he still go into work as the
delivery driver on the Monday And what
actually are the rules for part truck
driving and part PSV driving.
R Good question.
I don't know that this scenario has cropped
up before. However I would say that
where a person drives a goods vehicle for
part of the week and a PSV for another part
of the week then they should comply with the
most stringent regulations, which in this
case are those when driving goods vehicles.
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Powers to
inspect charts
Q
I was told by a friend of mine who is a
Inspector in the police force that an
officer (in the uk only) can only ask to see
the current tacho, as asking for the other
discs comes under the power of search law
and they require a warrant of search. Is
this true? Many thanks. Colin
R.
An officer is empowered to inspect and copy
as outlined below under the Transport Act
1968
1. An officer, may on production of his
authority (if requested) require any person
to produce, and permit him to inspect and
copy
a) Any
book, register, or record sheet which the
driver is required by the regulations to
carry or have in his possession or preserve.
b) If that person is the owner of a
vehicle to which this Part of this Act
applies, any other document of that person
which the officer may reasonably require to
inspect for the purpose of ascertaining
whether the provisions of this Part of this
Act or of regulations made thereunder have
been complied with.
And that record sheet, chart or
documentation shall if the officer so
requires by notice in writing served on that
person, be produced at the office of the
traffic commissioner specified in the notice
within such time (not being less than ten
days) from the service of the notice.
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Out of scope
vehicles
Q. I recently worked two days for the
local council on a Gully Cleaning Vehicle.
My crew partner was a regular worker and
told me these vehicles are exempt form
needing to use a tachochart . So I didn't.
How can I enter the hours I worked into the
system to comply with WTD regulations?
Obviously I did do work on these days. I
tried entering them as "working days" on the
driver's schedule but when I did a RTD
report nothing was shown for these days.
If you tell me these vehicles are not
exempt, my question still stands as to how
one would enter other work e.g. supposing
you did an 8 hr shift in the warehouse
without driving. Surely this needs to be
shown for WTD purposes.
R.
The
vehicle is exempt from the following
regulations but you should record
the duty as as ‘other work as per
the following. With the
regulation still being new we still
do not have clarification as to what
commercial operations mean.
REGULATION (EC) No 561/2006 OF THE
EUROPEAN PARLIAMENT AND OF THE
COUNCIL
of 15 March 2006,
Article 6(5) States,
A driver shall record as other work any time
spent as described in Article 4(e) as well
as any time spent driving a vehicle used for
commercial operations not falling within the
scope of this Regulation, and shall record
any periods of availability, as defined in
Article 15(3)(c) of Regulation (EEC) No
3821/85, since his last daily or weekly rest
period. This record shall be entered either
manually on a record sheet, a printout or by
use of manual input facilities on recording
equipment.
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Private Use
Q I am driving a 7.5 ton
lorry and trailer to Spain with all my
household stuff, everything but the kitchen
sink! It is all my own stuff. Do I need to
run with a tacho in France or Spain.
If I am stopped, are there any reference
numbers, or law exempt codes I can quote to
the police involved to prove my case on the
spot, as I don't want a large fine, and a
long wait.
Thanks for your help in advance
R
Under the regulations you are exempt from tachograph regulations.
Vehicles used for non-commercial carriage of goods for personal use You
can find these exemptions
here
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If you cannot find an answer