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simonm

2 vans or 7.5 toner

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They are all in here Timon, yours may come under the registered charity.

 

 

 

https://www.gov.uk/drivers-hours/exemptions-from-eu-law

 

 

 

Bob

 

 

Thanks Bob. I'm still not sure about that particular clause as our charitable business is still classed as a commercial enterprise. Being under 7.5t and not being used as main work activity comes the closest that I can see, but I wondered if the arb arisings would constitute haulage and disqualify us from the exemption? Do you know who I can ask to get the definitive answer?

Thanks mate.

 

 

Timon

 

"He is no fool who gives up what he cannot keep in order to gain what he cannot lose"

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Being under 7.5t and not being used as main work activity comes the closest that I can see, but I wondered if the arb arisings would constitute haulage and disqualify us from the exemption? Do you know who I can ask to get the definitive answer?

 

The first thing is that the regulation is open to interpretation, so asking at the then local VOSA office as I did only gets their opinion of the law. The precedent is only set once it gets to the high court and I don't know if that has happened yet.

 

What the EU regulation originally said was:

 

"Vehicles or combination 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, and which are used only within a 100 km radius from the

base of the undertaking and on condition that driving the vehicles does not

constitute the driver’s main activity"

 

The lady from VOSA said she would regard carting arisings away as being material for the driver's use in the course of his work. I believe a strict interpretation would class it as haulage.

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The first thing is that the regulation is open to interpretation, so asking at the then local VOSA office as I did only gets their opinion of the law. The precedent is only set once it gets to the high court and I don't know if that has happened yet.

 

What the EU regulation originally said was:

 

"Vehicles or combination 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, and which are used only within a 100 km radius from the

base of the undertaking and on condition that driving the vehicles does not

constitute the driver’s main activity"

 

 

The lady from VOSA said she would regard carting arisings away as being material for the driver's use in the course of his work. I believe a strict interpretation would class it as haulage.

Why would you know better than the lady from vosa?

 

The tacho legislation is intended for hauliers. Not builders, landscapers, glaziers, or tree surgeons. Hauliers, that's it.

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Why would you know better than the lady from vosa?

.

 

I don't and was happy to carry on using a combination of over 3.5 tonnes and under 7.5 tonnes without a tachograph. Vosa as was and now DVSA may well have an unpublicised position statement to this effect .

 

I was giving my interpretation of the English language meaning of "carrying materials, equipment or machinery for the driver’s use" which to my mind does not include carrying away waste but plainly builders, plumbers, electricians etc. do do this and do not get pulled up for it so why should a few logs and chip be any different.

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A bit late tothe party here, but going through similar considerations.  I currently run a Land Rover 130 tipper, a 15T lorry with crane and tipper.  I need a second tipper capable of carrying at least 3 people and ideally no bigger than 7.5t GVW.  I have narrowed down to either a Iveco Daily 7T crew cab or a normal 7.5T tipper.  I think my preffered option is the Daily as it is less liekly to be over loaded and slightly smaller.  Where as it sounds like it would be quite easy to over load a 'normal' 7.5t tipper.

 

Any thoughts? And has anyone got a 7T Daily, if so whats it like?

 

Cheers

 

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On 15/04/2017 at 21:37, openspaceman said:

 

Most vehicles over 3.5 tonnes will already have a tachograph but all the time the gross train weight is below 7.5 tonnes you don't have to use it (but it's no problem to stick a card in so why not?). As soon as the GTW goes above this, as when pulling a chipper behind you must use the tacho.

 

The licence issue makes it a bit different as only pre 97 tests have the C1+E entitlement which means most people over 40 who took their test soon after 17.

 

The thing that interested me was the 6.5 tonne Iveco can tow 3.5 tonne with a payload of ~3.5tonne, derate it to 5.75 and it looks like you can still carry 2.75 tonnes whilst pulling a safetrak and staying inside the 8.25 the C1+E and 107 note allows. This didn't impress the boss so the lads carried on with transits, to be fair in 8 years only one got pulled over and he wasn't overweight at the time, just driving without trailer entitlement.

One of the most useful trucks I specced and bought was a 6.5t Iveco downplated to 5750Kg, so as to legally tow a 3500Kg trailer, Truck fitted with a lovely lightweight aluminium bodied dropside tipper.

Probably an element of serendipity in my specification, but for whatever reason I got thatun just right, and it proved to be a popular vehicle, and still is.

Then a nutter of an Operations manager decided that to tow 3500Kg required a 4*4 pickup, despite a reasonable number of years of safe and proven operation of my wee Iveco.

Scheesh!

Edited by difflock
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We had a 6.5t daily crew cab tipper. Great vehicle, possibly one of the best solutions for domestic arb but watch out for corrosion on or in the ECU unit and the large plug on the wiring loom, very prone the corrosion and when they go they are hideously expensive and difficult to replace..

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Has to be better than a Transit sized Fiat,

where the passenger kept a big Saxo plastic salt container, and of necessity lying on its side( one the size of a small flask) in the glovebox, for his daily portion of chips.

Unfortunately he was less than particular about ensuring the top was properly secured.(And Ditto for 20l petrol Jerry Cans! etc etc, a proper walking disaster area)

Anyway furthur to this,

Mr.Fiat had thoughtlessly located the fusebox directly under the glovebox.

A proper unfixable bag-of-shite by the time it was discovered, after sommat electrical stopped working.

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