Soon some vehicles will no longer need to be fitted with tachograph recording equipment and their drivers will not have to comply with EC drivers’ hours rules, but with GB drivers’ hours rules instead.
From 2 March 2015, a new European regulation EU 165/2014 (PDF 2 MB) will replace EEC 3821/85, setting out requirements for the construction, installation, use, testing, and control of tachograph recording equipment.
The new regulation increases the journey distance for exemptions from 50km to 100km from the operator’s base. This will apply to:
- Vehicles or vehicle trailer combinations with a maximum weight of 7,500kg which are:- Used to carry materials, equipment or machinery for the driver’s use in the course of their work, and when driving the vehicle is not the driver’s main activity.- Used to carry goods and are propelled by natural or liquefied gas or electricity.
- Vehicles used to carry live animals from farms to local markets or from markets to local farms or slaughterhouses.
103 comments
Comment by Russell posted on
We are a construction company with a 7.5t wagon that can be used as little as once a week. Our geographical area is no greater than 100km, as non of our employees want to stay away from home overnight.
Most of our vehicles are transit vans and only a couple of our staff can drive the wagon - it is used so infrequently that we don't need more people to drive it.
The staff members who drive the wagon are groundworkers for the bulk of their working day - driving the wagon is far removed from their principal role as employees of the company.
I believe this means we are no longer required to use the tacho, so do I need to contact anyone in relation to this? If so, who?
Comment by Moving On posted on
Hi Russell,
So long as the vehicle size does not increase from 7,5 tonnes and the journey is no grsater than 100kms from base, the goods carried are for the driver's use and driving is not the main activity of the driver then the use will not be in scope of EC drivers hours or tachogrpah rules.
GB domestic drivers' hours rules will apply though. More information can be found via this link: https://www.gov.uk/government/publications/rules-on-drivers-hours-and-tachographs-goods-vehicles-in-gb
Sarah
Comment by G hanlon posted on
Hi i drive a 14 tonne bin wagon when full is 24 tonne my hours are 7 am till 4.45 pm . 4 days a week. And never do more than 60 miles per day. Am i excemt as it is for a local authaurity.
Comment by Moving On posted on
Hi,
As long as you are engaged in door-to-door household* refuse colection then yes you will be exempt from EC drivers hours and tachograph rules although you will not be exempt from GB domestic drivers hours rules. *It is permitted to also collected the same tyoe of refuse (i.e. the type of rubbish normally produces by a household) from commerical premises as long as that is also done on a door-to door basis.
Collection of commercial waste (i.e. business, manufacturing etc waste) is not permitted within this exemption. Door-to-door also included communal waste bin collection.
Sarah
Comment by Christian posted on
Hi I am about to go through my cat c training next week.. The army reserve is putting me through it... I know when I drive from them military vehicles are exempt but can I apply for a smart card just now so I will have it sooner to get my cpc and a job in civvie street sooner or do I have to wait until I have my licence back with cat c entitlement on it? Thanks
Comment by Moving On posted on
Hi Christian,
You do not have to hold a category C licence to apply for a card.
Sarah
Comment by Kev Collyer posted on
Hi. I drive a 7.5t box van 6 miles to a collection point, load it, drive the 6 miles back & then shunt in the yard for the rest of my shift. Do I need to put my card in to do the collection??
Comment by Moving On posted on
Hi Kev,
Yes, you do. Only journeys which are entirely off public roads are not within scope of EC drivers hours and tachograph rules.
Sarah
Comment by Craig posted on
Hi I have a 7.5 tonne recovery truck do I need a cpc and does it need a vehicle plate inside the vehicle
Do know what are the regulations to operate
Thanks craig
Comment by Moving On posted on
Hi Craig,
Exceptions from Driver CPC are listed in the original EU directive 2003/59/EC:(a) vehicles with a maximum authorised speed not exceeding 45 km/h;(b) vehicles used by, or under the control of, the armed forces, civil defence, the fire service and forces responsible for maintaining public order;(c) vehicles undergoing road tests for technical development, repair or maintenance purposes, or of new or rebuilt vehicles which have not yet been put into service;(d) vehicles used in states of emergency or assigned to rescue missions;(e) vehicles used in the course of driving lessons for any person wishing to obtain a driving licence or a CPC, as provided for in Article 6 and Article 8(1);(f) vehicles used for non-commercial carriage of passengers or goods, for personal use; g) vehicles carrying material or equipment to be used by the driver in the course of his or her work, provided that driving the vehicle is not the driver's principal activity. and in the 2013 amendment: (h)to which sub-paragraphs (a) to (g) do not apply, but which satisfies all of the conditions in paragraph (3)”. (4) After paragraph (2) add— “(3) The conditions referred to in paragraph (2)(h) are that— (a)the vehicle is being driven by a person whose principal activity in the course of his work is not driving relevant vehicles; (b)the vehicle is being driven within a 50 kilometre radius of the driver’s base; (c)the driver is the only person being carried on the vehicle; (d)in so far as the vehicle may be carrying goods or burden, the goods or burden must only be equipment, including machinery, that is permanently fixed to the vehicle.
It is for the driver and their employer to decide if their activity falls, at all times, within the scope of the above exemptions. If there is any ambiguity we recommend that drivers complete the necessary Driver CPC training or qualification.
Drivers that do so will benefit by gaining a higher level of training and keeping up to date with new developments in their chosen profession; those that do not may face penalties if stopped by enforcement officers.
Plating certificates are not required for breakdown vehicles - breakdown vehicle is defined as "a motor vehicle on which is mounted apparatus designed for raising one disabled vehicle partly from the ground and for drawing that vehicle when so raised and it can only carry articles used in connection with such movements and repairing vehicles".
Sarah
Comment by Rolfe posted on
Where would a tool hire company fit, using small vans/4x4's to tow their equipment to customers' sites within 100kms, with a combined weight below 7500kg? Thanks in advance!
Comment by Moving On posted on
Hi Rolfe,
Without further information we cannot be sure that the use falls within the derogation for "vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7,5 tonnes used: for carrying materials, equipment or machinery for the driver's use in the course of his work.
These vehicles shall be used only within a 50 kilometre radius from the base of the undertaking, and on condition that driving the vehicles does not constitute the driver's main activity". For this exemption to apply the goods carried must be for the driver own use and not for the use of customers.
If you are simply delivering tools to customers then it would not apply and the use would be in scope of EC drivers hours and tachograph equipment.
Sarah
Comment by Antony posted on
Hi,
Please could you help, i passed my driving test in 1985 and I run a business with inflatables which all weigh over one ton each carrying a maximum of 3 ton with 1 1/2 ton in the transit Luton and 1 1/2 ton on the trailer, I travel all over the country attending ie carnivals, fetes etc in the entertainment business also carrying my generators, my public liability insurance says I'm a travelling showman although I'm not a member of the showmans guild, at the moment I'm transporting my equipment about using a transit Luton 3.5 ton with a trailer on the back covering well over 100km in a day, please could you tell me which rules apply to me as I've been told there are some exemptions for traveling showman and this is my only profession and use these vans solely for transporting my equipment, I've been looking at getting an iveco daily 6.5 ton Luton box van with a crew cab but I'm unclear on all the rules?
Comment by Moving On posted on
Hi Antony,
There is no specific exemption from EC driver hours and tachograph rules for "showmen" or "travelling showmen". There is an exemption for "specialised vehicles transporting circus and funfair
equipment". Please note that the vehicle must be specialised and we consider a “specialised vehicle which is being used for transporting circus or funfair equipment” means a vehicle which is specially built or adapted, and kept, for the purpose of transporting circus or funfair equipment and which is also, in fact, being used to transport such equipment. It is unlikely that a flat bed or box truck vehicle would constitute a specialised vehicle unless it had been specially constructed and adapted to transport funfair or circus equipment.
It appears from the information provided that your vehicle and trailer are not specialised and therefore the use of the vehicle and trailer would be in scope of EC drivers hours and tachograph rules.
More information can be found via this link: https://www.gov.uk/government/publications/rules-on-drivers-hours-and-tachographs-goods-vehicles-in-gb
Sarah
Comment by Craig Williams posted on
We are an asbestos removal company that tow decontamination units (small burger van type trailers) to locations around the UK from several offices. Mostly the towing distance is within 100km with the odd site being just outside of that radius.
Our van weights are around 3000 - 3500kg and the trailers normally 900kg. As the trailer is under the 1020kg threshold I am informed that it is not included in the total weight calculation and therefore the van (so long as it is under 3500kg) is the weight used and therefore not subject to O license and tachograph?
Also the units that are towed are for our use only, not hired out, so would this be another area which would result in exemption?
Comment by Moving On posted on
Hi Craig,
The 1020 kgs small trailer exemption only applies to goods vehicle operator licensing and does not apply to EC drivers hours or tachograph rules. Any vehicle or vehicle/trailer combination in excess of 3500kgs will be in scope of EC drivers hours or tachograph rules unless one of the exemptions or derogations applies. There is a derogation for "vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7,5 tonnes (7500 kgs) used for carrying materials, equipment or machinery for the driver's use in the course of his work. These vehicles shall be used only within a 100 kilometre radius from the base of the undertaking, and on condition that driving the vehicles".
It appears that this derogation might apply to your use of vehicles in some circumstances however if you have multiple bases the 100kms applies only from the base at which the vehicle in question is normally based and you cannot switch a vehicle from base to base in order to curcumvent the rules. Any of your vehicles that are out of scope of EC drivers hours and tachograph rules will be in scope of GB domestic driver hours rules.
More information can be found via this link: https://www.gov.uk/government/publications/rules-on-drivers-hours-and-tachographs-goods-vehicles-in-gb
Sarah
Comment by kevin posted on
Can you advise if we need to use a tachograph with our 7.5 tonne lorry? We carry our own timber buildings and fit them within 50 miles of our yard. On some days days we deliver our goods that we manufacture, but do not fit them!
Could you advise if the driver requires a cpc?
Comment by Scotty posted on
Do you need a o licence for a 7.5 ton tipper
Comment by Moving On posted on
Hi Scotty,
The basic answer is yes as presumbaly goods will be be carried for hire or reward or in connection with a trade or business. You can 1access further information via this link: https://www.gov.uk/government/publications/goods-vehicle-operator-licensing-guide-gv74
Sarah
Comment by john brennan posted on
We have a 12 seater minibus at work,we are currently looking at reducing the seating to 9 seats(including driver),do we need to have a tachograph fitted,also this bus is going onto the shetland isles to transport workers onto site only,from their accomodation,i know the laws are unclear about minibuses,please can you help clear this up.Thanks john.
Comment by Moving On posted on
Hi John,
EC drivers hours and tachograph rules apply to vehicles which are consturcted or permanently adapted for carrying more than 9 seats including the driver. Seat removal must therefore be permanent and done in a manner which prevents them being reinstalled. If you remove suufficient seats then it will not matter where the vehicle is used or for what purpose as the EC rules will not apply. Drivers of vehicles that are exempt from EC drivers hours and tachograph rules will possibly be in scope of GB domestic drivers hours rules depending on how much driving they undertake. More information can be found via this link: https://www.gov.uk/government/publications/rules-on-drivers-hours-and-tachographs-passenger-vehicles.
Sarah
Comment by Scotty posted on
Rachael it would be a 7.5 ton tipper,Would you need a operators licence cause when I did my CPC training no one knew the answer ,they said it was a grey area .we would be carrying our own goods and not doing more 3 hours driving on any day
Comment by Moving On posted on
Hi,
Those providing driver CPC training were not in a position to have been able to answer that sort of question as they are providing CPC training and shouldn't be advising on aspects of road transport law. This isn't a grey area and the use of a 7.5 tonne tipper would be in scope of goods vehicle operator licensing and EC drivers hours and tachograph rules.
Hope this answers your question.
Rachael
Comment by dan fordham posted on
hi all i drive a lhd road sweeper 13 tonne .my hours of work are 06.00 till 14.30 with two breaks totalling 45 minutes and also have a wash down peiod of 1 hour so monday to thursday and drive a total of 6 3/4 daily .fridays a shorter day so total drive time of 5 hours.on sataday and sunday i often get asked to work 06.00 till 10.00 and again sunday 06.00 till 10.00. both days driving hours total 3 1/2 hours soover a week my drivinh hours would total 39 hours. and my hours for the week would be 44 1/4 hours.
as plant we dont use a tacho but i do fil in a log book .
is this ok for me to do a 7 day week .even though my driving hours are so low.thank you
Comment by Moving On posted on
Hi Dan,
Road sweepers are not in scope of EC rules or GB domestic drivers hours rules. Therefore, you are ok to work 7 days a week if you wish.
Regards
Rachael
Comment by Scotty posted on
Hi just wanted to know if you don't need a tacograph do you need a log book to put driving hours in and do you still need a operators licence .
Comment by Moving On posted on
Hi Scotty,
If you could provide some further information regarding the specific use of the vehicle (vehicle/trailer combination), the permitted gross and train weights of the vehicle and the unladen weight of the trailer if one is being used.
Regards
Rachael
Comment by Mike posted on
Hello. Hope you can help. I drive a Land Rover with a 3500kg trailer (mobile toilets) I deliver them within 100km radius, as the bird flies then set them up then drive home without the trailer. Do I need to put a disc into my tachograph??
Comment by Moving On posted on
Hi Mike,
Yes, you need to put a disc into your tachograh as there are no exemptions for goods that are simply being delivered which are not for the drivers own use.
Regards
Moving On
Comment by allan goff posted on
How far can i drive a bus/coach before a tacho is req
Comment by Moving On posted on
Hi Allan
For buses/coaches there are no distance limits used on a regular service, up to 50 kms in length the use would not be in scope of EC rules. Generally any other use is likely to be in scope of EC rules regardless of distance but will depend on exact use and no of seats. If you could give further details, we would be able to provide more specific guidance.
Regards
Moving On
Comment by chris davies posted on
HI could you tell me if a coach carrying school children every day is subject to Eu drivers hours and rules as today a coach speeding through a school car park limit is 5mph doing well over 20mph has hit a car reversing out of a parking space spinning it 180 degrees and then pushing it into a wall possibly writing it off .The driver was asked for his tacho to check his speed but he said they don't need them because they only carry children is this right.
Comment by Richard posted on
Also would you need to have a cpc licence.
truck only has clean water in it no waste.
Comment by Richard posted on
Hi we have a 7.5 ton jetting unit which drives to site less than 100km worked for 8 hours by the driver and drives home is this tacho exempt.
Thanks
Comment by Moving On posted on
Hi Richard,
Providing the jetting equipment is used by the driver then the use will be exempt from EC drivers hours rules. As far as the CPC aspect is concerned there is no requirement to hold a driver CPC where:
- the vehicle is used for carrying material or equipment to be used by the driver in the course of his or her work, provided that driving the vehicle is not the driver's principal activity; or where all of the following conditions are met
(a) the vehicle is being driven by a person whose principal activity in the course of his work is not driving relevant vehicles
(b) the vehicle is being driven within a 50 kilometre radius of the driver’s base
(c) the driver is the only person being carried on the vehicle
(d) in so far as the vehicle may be carrying goods or burden, the goods or burden must only be equipment, including machinery, that is permanently fixed to the vehicle.
Regards
Moving On
Comment by Owen posted on
Hi,
I am driving a pickup truck and trailer combo up to 7.5 tonne and over 100km at times so require a taco to be fitted (ouch!). I was wondering what I would do if I wanted to drive the truck for personal use? The garage said if I logged the miles I was doing for personal then I wouldn't need the taco in for personal use? What is the deal with this?
Many thanks,
Comment by Moving On posted on
Hi Owen,
If the vehicle is used for commercial purposes then it would need a tacho fitted anyway unless one of the exemptions applies but you don't say what the use is so we cannot specifically advise on that. Anytime a vehicle which is not more than 7.5 tonnes is used non-commercially (e.g. personal use) then it would not be in scope of EC drivers hours rules and consequently there would be no requirement to use tachograph recording equipment.
Regards
Moving On
Comment by Karl posted on
If driving a 13tonne lorry local for scaffolding do I need a taco? Only drive about 2 hours a day on average
Comment by Super_Shaun posted on
Working for a fencing and hoarding firm.
The materials on the 7.5t we drive will be used by ourselves during the day i.e concrete, panels, metal gates, digging equupment.
All well within 100km of the yard are we tacho exempt??
Comment by Super_Shaun posted on
Forgot to mention that driving will not be my main job, I will be erecting fencing digging and general site work.
Would likely drive 1-2hrs there and then the same back.
Comment by James Kirkup posted on
What about the delivery of wood chip for fuel, I want to use a tractor as it has a pto drive to run the blower unit delivering within a 25 mile radius of base, do I need a tachograph, cpc and should I be on white diesel. The tractor is limited to 25mph or under 40kph and weight of trailer and tractor combined will be around 18 tones
Comment by Moving On posted on
Hi James,
Vehicles which have a maximum authorised speed not exceeding 40 KPH are exempt from EC drivers hours and tachograph rules and are also exempt from driver CPC. DVSA cannot advise about the fuel you should use and you will need to seek advice from HM Revenue and Customs.
Regards
Moving On
Comment by Sandra posted on
Can you clarify please the situation for drivers working for a Commercial Vehicle hire company who are delivering empty 9-17 seat minibuses, to a customer who is hiring it. Is a tacho required for all of these journeys or does the mileage exemption apply ? All other vehicles that they deliver in their working day are in non-tacho vehicles.
Comment by Moving On posted on
Hi Sandra,
The European Commission have decided (under what is known as the Leaseurope Decision) that the scope of the EC drivers hours regulation does not include the driving goods or passenger vehicles where the driver is never involved in the carriage of goods or passengers as part of their employment. Drivers who deliver/collect empty minibuses will therefore not be in scope of EC driver hours or tachograph rules so long as they never (and that means never ever) drive vehicles during any employment which involves the carriage of passenger or goods. Once a driver has engaged in the carriage of passenger or goods in the course of any employment then from that point forward they will be in scope of EC driver hours or tachograph rules even if they then only ever drive empty minibuses. Carriage of colleagues in a vehicle which has at least 9 seats including the driver (even if some seats are temporarily removed) in the course of delivering/collecting the minibuses will be regarded as carriage of passengers so that activity will bring the driver into scope of EC rules.
Regards
Moving On
Comment by Paul posted on
Just bought a 3.5 movano van. It's already fitted with a tacco. I'm a kitchen fitter so only carry my tools to and from site.and drive for no longer than 1 and half hours on a bad day. if traffic is bad.
Question 1. Do I have to use the tacco.
Question 2. If I want to go away in my van on holiday say around Europe. Would I have to use it. Thanks.
Comment by Moving On posted on
Hi Paul,
Vehicles not exceeding 3.5 tonnes aren't in scope of EC rules, therefore a tachograph is not required and you wouldn't be required to use it if you took your van on holiday.
Regards
Moving On
If you wanted
Comment by brett posted on
After a straight answer......How far can I legally travel on a domestic rules log book?
Comment by Moving On posted on
Hi Brett,
There is no distance limit for journeys which fall within GB domestic drivers hours rules. The limit is by virtue of the amount of time you can driver which is a maximum of 10 hours in a working day.
Regards
Moving On
Comment by simon posted on
hi, im a scaffolder I have my own buissness. I have a 15 tonne lorry and a 7.5 tonne lorry. does this mean that Whilst im driving my 7.5 tonne lorry I don't have to put a tacho in it as long as im 100 kilometres within my yard. If that's true, that's amazing.
Comment by Moving On posted on
Hi Simon,
Yes, this is correct.
Regards
Moving On
Comment by Steve Nightingale posted on
How long a vehicle check must be carried out on a 5t mercedes sprinter with a fitted digital tacho? Rules state for a lorry it's 15 mins but seems a bit overkill for a van with no tow bar etc.
Comment by Moving On posted on
Hi Steve,
There is no set time. The check needs to be however long it takes to carry out all the appropriate checks.
Regards
Rachael
Comment by Darren posted on
Hi
This 100km is that 50km out from base & 50km back to base or is it 100km out & 100km back to base??
Comment by Moving On posted on
Hi Darren,
It is 100km radius from where the vehicle is based.
Regards
Moving On
Comment by mike posted on
Thanks for the info, but can they be driven on the road without a class 2 licence?
Beavertails carrying a planer on the back are these class 2 vehicles with a planer on the back?
Comment by mike posted on
what about road sweepers 12 ton and 18 ton are they classed as Plant? can they be driven on a car licence and not a class 2?
Comment by Moving On posted on
Hi Mike,
Road sweepers are not in scope of EC drivers hours and tachograph rules.
Regards
Moving On
Comment by Dossy posted on
We operate a 7000kg truck carrying our own tools and materials that we will use during our days work can we now cover a 100km radius from our base instead of 50km under GB rules?
Comment by Moving On posted on
Hi,
You would be permitted to cover a 100km radius from your base as long as the driver of the vehicle used the tools are materials you mentioned.
Regards
Moving On
Comment by Kevin posted on
Are hgv plant 18T vehicles exempt from Tacho rules??? the ones that paint the lines on the roads
Comment by Moving On posted on
Hi Kevin,
Such vehicles would be exempt when engaged on work relating to road maintenance and control, i.e. white lining on public roads.
Regards
Moving On
Comment by Michael posted on
I drive a 10ton road sweeper clocking milage of 300miles a day a times (including job milage and travel) my company says we are not in scope of drivers hours or tachograph rules is this right??
Comment by Moving On posted on
Hi Michael,
That is correct road sweepers are not in scope of EC drivers hours and tachograph rules.
Regards
Moving On
Comment by Stephen Auty posted on
I have a trout farm and deliver our live trout to our customers for fishing. I use a 7.5t MAN but want to replace it with a pick up(Hilux etc) and trailer combo. We never exceed the 100km radius of base but this would be about 6t GTW. If I was to buy a new Iveco 5t and trailer combo but keep below 7.5t, do I still need an Operator Licence and tacho?
As I see it the pick up is free of everything (OL and Tacho) the Iveco needs OL (over 3.5t) but not a tacho. Is this correct?
Comment by Moving On posted on
Hi Stephen,
As far as EC drivers hours is concerned (and consequently the need to fit and use tachograph recording equipment) then the use would fall into the derogation for "vehicles used or hired, without a driver, by agricultural, horticultural, forestry, farming or fishery undertakings for carrying goods as part of their own entrepreneurial activity within a radius of up to 100 km from the base of the undertaking". With this derogation there is no limit to the size of vehicle or vehicle/trailer combination so as long as the vehicle or combination is used to carry your own goods as part of your fishery business and you keep within the 100 kms radius from your base then you will not be in scope of EC drivers hours or tachograph regulations. The driving will however be in scope of the GB domestic drivers hours rules and more details on those rules can be found in our booklet which can be accessed via this link:
https://www.gov.uk/government/publications/rules-on-drivers-hours-and-tachographs-goods-vehicles-in-gb
In general goods vehicle operator licensing applies to the carriage of goods for vehicles or combinations of vehicles that exceed 3500 kgs although in some cases the trailer will not be counted towards the 3500 kgs total.
Hope this helps.
Regards
Moving On
Comment by mark posted on
mmn, there is a lot of in scope and out of scope in the regs, would it not be easier to simplify the whole regs and make it easier for everyone concerned?
it would appear that the current regs create a minefield for drivers and operators.
Comment by Maurice posted on
We operate 7500kgs vehicles delivering milk to shops hotels etc within 100klm radius and drive less than 4hrs each day are we now excempt from using tacho.
Comment by Moving On posted on
Hi Maurice
The recent changes to the derogations do not affect a vehicle being used for deliveries and for the use you describe the vehicle was and remains in scope of EC drivers hours and tachograph regulations.
Regards
Moving On
Comment by Andy posted on
I run a tree surgery business and retail logs from the waste produced which I deliver with a 3.5 tonne tipper trailer towed by my Land Rover. I can see I am exempt from operators licence because I am delivering my own goods but am I also exempt from EU drivers hours tachograph requirements because the logs are material arising from my own work and arboriculture is horticulture?
Comment by Mike B posted on
I operate 7.5 tonne scaffolding lorries carrying my own equipment around on journies no longer than 50kms from base using domestic hours. Does this mean I can up the distance to 100km if required?
Comment by Moving On posted on
Hi Mike,
The distance can be increased to 100km, as long as the person driving the lorry, is the same person who will be erecting the scaffolding. It does not apply to drivers who are delivering the scaffolding for someone else to erect.
Comment by Stuart posted on
Where do scaffolding truck drivers fall in this - Stuart's
Comment by Scott posted on
I work as a market trader selling plants and pots and garden decor from my shop base I don't travel out of 100km am I excempt ???
Comment by Moving On posted on
Hi Scott,
If the vehicle being used to transport goods to market is over 3500 kgs gross weight (or over 3500 kgs train weight including any trailer) then the journey would be subject to EC drivers' hours and the fitment and use of tachograph recording equipment regardless of the distance travelled.
Hope this helps.
Regards
Moving On
Comment by Paddy posted on
I have a farm and operate lorry's from 14 ton to 44 ton as a livestock haulage business, does the 100 km local livestock exemption cover hire and reward and how do i record the mileage on a digital taco head? any advice would be appreciated thank you.
Comment by Moving On posted on
The derogation relating to "vehicles used or hired, without a driver, by agricultural, horticultural, forestry, farming or fishery undertakings, for carrying goods as part of their own entrepreneurial activity, within a radius of up to 100 kms for the base of the undertaking" applies only to those who are an undertaking (i.e. in the business of) related to the activities of agricultural, horticultural, forestry, farming or fishery and are transporting their own goods in relation to that business. This means that carriage of goods for hire or reward would not fall within the derogation and hence would be in scope of EC drivers' hours and tachograph rules.
I hope this answers your question.
Regards
Moving On
Comment by Elvis posted on
The tacho needs to be re-designed with the ability to switch between long and short haul, as a mixer o/d its duty time I have to take note of not driving time and the current tacho gives no help in this regard.
Think about what your wishing for no tacho and running on red will only result in the companies cutting our rates in half.
Comment by Colin posted on
I've been delivering concrete for twenty years and never known a pump driver sleep whilst waiting for concrete. If that was the case the concrete would go off in the pump which a pump driver will never let happen, so in my eyes that was a ridiculous statement
Comment by Gary Baird posted on
I am a sole trader selling food to catering outlets ie snack vans using a 4.5 tonne van will i still have use tacho with a max distance from home about 55 miles
Thanks
Comment by Moving On posted on
Hi Gary,
As your vehicle is over the 3.5 tonnes threshold and there are no exemptions that would apply the use of the vehicle you have described. It is therefore in the scope of EC drivers' hours and tachograph rules.
Regards
Moving On
Comment by Ste posted on
I agree with you Tony but no one cares about concrete mixer drivers especially the company's that we contract to and government departments are no better, a concrete mixer is mobile plant and should be treated the same as other mobile plant ie concrete pumps.
Comment by DAVE posted on
concrete trucks should run on red if theres no work for mixed batched goods we go home
and make nothing we cant carry sheep unless you want a big kebab c,mon gov take us out of tacho law and lets use red.
Comment by Cliff adamson posted on
The DVSA should look at this and bring it in for all construction vehicles and especially in big city's such as London where it is impossible to park. It sounds simple to have a radius from your base.
Comment by Martin Frost posted on
Martin Frost
We are a landscape maintenance company and run an Iveco dual cab tipper with an all up weight with a trailer of 9.5 tons, we rarely exceed 80 to 100 K per day cutting grass at multiple sites. We are not a transport company but are covered by the same regs as companies that cover 300+ per day. We have always thought ourselves over regulated for the mileage covered.
Comment by Jon posted on
Your Truck and Trailer Combo needs to be a maximum of 7500kgs to be within Tacho Exemption.
Comment by Moving On posted on
The Department of Transport and DVSA deem a landscaping business to be an entrepreneurial horticulture activity in accordance with the derogation at Article 13(1)(b) of EC 561/2006. As such when carrying goods in connection with that entrepreneurial activity, up to a radius of 100 kms from your base, then the use of the vehicle would not be in scope of EC drivers hours and tachograph rules, although it would be in scope of GB domestic drivers hours rules - our booklet provides more information on those rules. Any journeys of more than 100 kms radius of your base would be in scope of EC rules.
Regards
Moving On
Comment by Alan Borthwick posted on
The are bother when the change the driver laws and move PSV/PCV Into the same caterary as HGV/LGV put over 60,000 coach/bus companys out of business and we dont know how many owner drivers and when ask the Labour goverment about us they said nothing we can do so get on with it
Comment by Shaun Bargewell posted on
What about 7.5 ton skip trucks?, we only travel 30kms from base yet have use tachos it seems crazy when the local plant companies deliver using tractors to get around it so where is the "level playing field" ?
Comment by Moving On posted on
Hi Shaun,
Skip vehicles are goods vehicles and since there is no applicable exemption for that particular activity then the journeys are subject to EC drivers' hours and the fitment and use of tachograph recording equipment. Plant vehicles are generally not subject to EC driver hours and tachograph rules as they are not goods vehicles however if they used to transport goods then they would be subject to the rules unless the particular use fell within one of the exemptions. Vehicles used to transport plant equipment are in general not exempt from EC driver hours and tachograph rules as the vehicles are simply delivery vehicles (i.e. goods vehicles) and in themselves are not plant vehicles. If you are aware of anyone delivering plant equipment and who is not abiding by the EC rules or indeed any other road transport rules such as operator licensing, driving licensing, driver CPC etc then they can be reported anonymously to DVSA on 0300 123 9000 and we will investigate the matter and take appropriate action.
Comment by Kayleigh Moffitt posted on
I think this will be good for this part of the industry but it also needs to cover more areas
Comment by Kevin Devine posted on
What about 14 & 16 minibuses who take schools from one to another for sport activities ? Thanks
Comment by Moving On posted on
Hi Kevin,
There is an exemption for "vehicles with between 10 and 17 passenger seats used exclusively for non-commercial carriage of passengers. If the vehicle is being or has been used for hire or reward or in connection with a trade or business then the exemption would not apply and the journeys would be subject to EC drivers' hours and the fitment and use of tachograph recording equipment.
I hope this answers your question?
Regards
Moving On
Comment by Stephen posted on
What about recovery vehicles do these come under this legislation to?
Comment by Jon posted on
Using Recovery Vehicles within 100km radius, already come within the legislation.
Comment by Moving On posted on
Hi Stephen,
There is an exemption for "specialised breakdown vehicles operating within 100 kms of their base". Specialised breakdown vehicle’ was interpreted by the European Court as a vehicle whose construction, fitments and other permanent characteristics were such that it would be used mainly for removing vehicles that had recently been involved in an accident or broken down. If such a vehicle is used outside of a 100 km radius, then the exemption would not apply and the journey would be subject to EC drivers' hours and the fitment and use of tachograph recording equipment.
I hope this helps.
Regards
Moving On
Comment by jason james posted on
Hi. i understand that as a recovery driver i come under domestic rules within 100km radial. i know that if i am given a recovery that will take me out of that area that my tacho must be used. what im not sure of is that when i have completed that job and i am back in my radius do i leave my tacho in or can i take it back out while continuing to work locally and then put it back in if i happen to get another job out of the area. thanks Jay
Comment by p.stevenson posted on
what about market traders who drive once a day only to market?
Comment by Jon posted on
If your Vehicle is no more than 7500kgs, and your Markets are within 100km, then you do not need to use Tacho.
Comment by Moving On posted on
Dear Phil,
If the vehicle is being used to transport goods to the market and it is over 3500 kgs gross weight (or over 3500 kgs train weight including any trailer) then the journey would be subject to EC drivers' hours and the fitment and use of tachograph recording equipment regardless of the distance travelled.
Regards
Moving On
Comment by Tony Scott posted on
What about ready mix concrete trucks we only work locally most days doing about 100kms in total and only about 5hrs driving in total we have more breaks than a taxi driver and should come under construction equipment, concrete pumps can drive 100 miles + per day, no Tacho no HGV license red diesel and to cap it all weigh up to 60 tons
Comment by pump op posted on
yes but concrete pumps, drive to site and back again where as mixers drivers are driving around all day, pump drivers can sleep in there cab while waiting for concrete???
Comment by Jon posted on
Ready Mix Trucks are over 7500kgs, and the Driver's main activity is Driving.
Comment by phil curwen posted on
Do i need a cpc licence to drive a 7-5 tonne mobile careing unit? At a distance of a 10 mile round trip