Tacograph for vehicles over 3.5T gross weight

[Tomatin Firewood]

Hi everyone

 

I know we discussed tacographs last summer and whether we do or do not require a tacograph.

 

As my firewood business is part of an overall farm I thought I was exempt. Anyway I got pulled over last Thursday and told I require a tacograph and VOSA put a prohibition notice on my trailer. Whilst I stated I was exempt they were having none of it. I was told I would face further charges if I used my trailer at all until a tacograph was fitted. (I broke the law driving my trailer home from Inverness empty!) So I was effectively forced to organise the fitting of a tacograph which was due to be done this coming Tuesday. This meant I have lost the last 10 days of firewood sales, plus the tacograph and extras were going to cost the best part of £2,000 and this is before procurator fiscal possible charges!

 

Anyway I stuck to my guns and sent an email to VOSA as well as returning to the VOSA testing station to really make my point. Furthermore, I contacted My local MP, Danny Alexander (who actually is a top bloke and arranged a meeting for earlier today). Funnily enough VOSA who knew I was meeting Danny this morning got in touch and dropped the prohibition on my trailer an hour before the meeting. Thankfully I was able to cancel the costly tacograph install due to be done on Monday.

 

The exemption (derogation) which saved my bacon is this, "Vehicles used or hired without a driver by agricultural horticultural, forestry, farming or fishing undertakings for carrying goods as part of their own entrepreneurial activity with radius of 100km from the base of the undertaking."

 

This will only work if your firewood business is part of an active farm business, so if you are operating from a yard or an industrial estate you would not fall into this category. If you think your vehicle and goods weigh over 3.5T gross weight I would seriously start planning for a tacograph as you certainly do not want to go through what I have been through plus having to face charges. It could literally destroy your business as it practically did to mine.

 

Anyway I thought I should share my life experience in the hope it might clarify the law for others and save other folk from potential disaster.

[Lee Winger]

Good post, I heard of a builder getting pulled a few weeks back, he was towing a 16' Ifor with a landy 400 miles from home, he had no taco, and was doing around 68mph, apparently they through the book at him, massive fine

[R5log]

So if your a farmers/log supplier you can get away with this and business rates as well as a tacho?

[ARBOR8]

So does this go on gross train weight?? or just your vehicle gross weight? Sorry if i sound a bit thick, it is early yet. Cheer,s.

[Alycidon]

If your fully laden train weight, so towing vech + fully laden trailer weight exceeds 3.5 tonnes for firewood haulage for hire and reward you need a tacho and to keep drivers hours records, take legal rest brakes etc.

 

My Disco 2 + IFW GD85 twin axle firewood trailer comes in at 5.7 tonnes GTW!!.

 

You don't at present need an operating licence, CPC, 6 week checks etc.

 

A

[dig-dug-dan]

We have been discussing this at length on the paving expert forum. It appears the rules on tachographs up to 7.5 tonnes has been relaxed for the horticultural and agricultural industry, and I believe forestry. Log sales are a grey area, but I think you can easliy use one of these industries to get round it.

where it cannot be used is setup of truck and chipper doing domestic tree work. A mog and chipper is not exempt and requires a tacho, as someone I know found out!

[Little Steven]

We have been discussing this at length on the paving expert forum. It appears the rules on tachographs up to 7.5 tonnes has been relaxed for the horticultural and agricultural industry, and I believe forestry. Log sales are a grey area, but I think you can easliy use one of these industries to get round it.

where it cannot be used is setup of truck and chipper doing domestic tree work. A mog and chipper is not exempt and requires a tacho, as someone I know found out!

 

Hi dig-dug-dan!

Was stopped in a very large checkpoint local to home last week. Vosa,HMRC,Police, the whole 9 yards.....

No problem with the landrover, the following were the areas they were homing in on;

a) Tacho......The Landrover is the 3500kgs, so any trailer outside the exempt/home area is req.

 

b) Derv...... non rebated

 

c) Tyres..... Weight compliant & ply rated

 

HMRC then went through a ruck of pers questions on me.

 

They asked about my business operating, other vehicles, method of operating. They were informative & helpful. The off road vehicles (mog) was discussed at length and I was told the clamp down on red/no tacho/no 'O' licence/ are priority points on domestic usage.

 

So be aware in Derbyshire!

[aspenarb]

This debate has run in the in the arb vehicles section.

 

Here is the download along with the form that needs to be sent off if you are to register an exemption. If its registered you wont be doing battle at these checkpoints as the information will be on the database.

 

Bob

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/210068/hgv-tachograph-exemption-declaration-form.pdf

[openspaceman]

This meant I have lost the last 10 days of firewood sales, plus the tacograph and extras were going to cost the best part of £2,000 and this is before procurator fiscal possible charges!

 

I've been quoted £1200 to retrofit one and calibrate it, if purchased new with the vehicle they only add £500 to the cost. As there are few 3.5 tonne gross trucks out there fitted with tachos it is worth bearing in mind, £1200 spent on a £7000 value vehicle verses going new.

[openspaceman]

This debate has run in the in the arb vehicles section.

 

Here is the download along with the form that needs to be sent off if you are to register an exemption. If its registered you wont be doing battle at these checkpoints as the information will be on the database.

 

Bob

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/210068/hgv-tachograph-exemption-declaration-form.pdf

 

That's okay for a vehicle that does not have a tacho but what's the position with not using a tacho, because it's an exempt journey, even though the vehicle has one?

 

My normal solution is just to use the tacho disc but now I wish to hire a LEZ compliant 7.5 tonne tipper and that has a digital tacho, the card adds £35 to the cost even though the journey is <50km and exempt (if one allows the exemption 5 carrying of materials for the driver's use to include arisings back from the job, which personally I wouldn't were I a VOSA inspector).

 

To my mind it's getting difficult not to have a tacho and if VOSA change from targeting 44 tonne lorries to light goods vehicles towing diggers, trailers or chippers then we'll see precedents set for what is allowed.