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tacho rules do you know them?


kindlett
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VOSA is made up from ex security guards and coperrs etc, and need to make enough money to justify their continued existence. They are essentiall y a private company, and from experience and anecdotal evidence dont know the extent of the law they preach. They also have now power whatsoever, which is why they have coppers with them. Tell them to show you the statutes of law and they are 99% of the time lost. They work on intimidation and a blind rust in the fact that most motorists are as confused, if not more, than they are by the plethora of laws, byelaws and amendments which have created so many loopholes and contradictions. Your best bet if you disagree is to let it go to court, where in most cases no further action is taken.

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• 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 km

radius of the base of the undertaking and on the

condition that driving the vehicle does not constitute

the driver’s main activity.

 

What about that part. The tools are for the driver and the log and chip belong to the passenger!:thumbup:

 

Gonna be bad news if we all have to get tacho's fitted:thumbdown:

 

Is it for trailers only or do chippers also come under that too?

 

Another nail in the coffin for your average hard working bloke!

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As far as VOSA are concerned, a chipper is a trailer.

 

Depending on how you run your business, the load you carry is either waste removal, or haulage of valuable raw materials, so I dont really see how that applys, if you take the letter of the law. I do agree that tree surgeons should be able to use that exemption, as driving is not our main activity, however the law just isnt worded that way.

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As far as VOSA are concerned, a chipper is a trailer.

 

Depending on how you run your business, the load you carry is either waste removal, or haulage of valuable raw materials, so I dont really see how that applys, if you take the letter of the law. I do agree that tree surgeons should be able to use that exemption, as driving is not our main activity, however the law just isnt worded that way.

 

 

Cheers for the info :thumbup1:

 

BUT,

 

Ya boo sucks to the law then:thumbdown:

 

I'll just have to wait until I'm stopped and made to get one since there is no way I'm getting a tacho otherwise.:thumbup:

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as i understand it, as long as the load and trailer dont exceed 3.5t gross, then no tacho, if more than yes need tacho, even for logs, chip or anything

 

What about the forestry exemption? There are a few people on here who cut firewood or other forestry products. Surely this should apply to us?

 

"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 100 km from the base of

the undertaking"

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What about the forestry exemption? There are a few people on here who cut firewood or other forestry products. Surely this should apply to us?

 

"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 100 km from the base of

the undertaking"

 

no - the thread is about sale of logs and sale of logs is the sale of a product, whether forestry or not - if logs are being bought back for your own processing further or wood for milling etc then yes probably exempt - but VOSA/HMRC will always act as you have to show proof that the timber is yours, your taking it home to process it and not selling on.

 

i am refering to sale of logs in the delivery vehicle (i.e. transit etc ), wether your a forester or not, delivery of logs is delivery of a product, forestry or not you are selling for reward and touching then on to haulage , so normal rules of 3.5t vehicles apply etc as in any other business, if you tow a trailer - dont exceed the max gross or yes you will need a tacho and then your into operators licence etc.

 

forestry exemptions are whole different ball game, and mostly refer to tractors/forwarders etc - but i doubt cover a pickups with cut logs in delivering to joe bloggs down the road wehther 2 miles or 50 miles away - its haulage for reward! - dont even go there with forestry exemptions as you have to show you are a bona fide forester/contractor to move roundwood only to the place of process or your stacking point for process - not movingprocessed timber-i.e. you have a contact with a forestry owner showing the timber is yours and where the nominated stacking area is etc etc

Edited by Joy Yeomans
added bit
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What about the forestry exemption? There are a few people on here who cut firewood or other forestry products. Surely this should apply to us?

 

"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 100 km from the base of

the undertaking"

 

This is how we run our 7.5 tonne Merc. We were pulled by VOSA at Chelford market and told we needed a tacho (fitted but not used) I argued for 2 hours that we did not need and relied on this exemption even suggested they rang Chadderton test station were my truck is tested with record of my exemption. "Jobs worth "was having none of it and issued me with a compliance notice by which time I had missed the farm sale. Took it up with Chadderton and 2 weeks later received a written apology that the site officer had made a mistake and we were correct in not needing a tacho in the circumstances and the compliance notice was lifted. Chadderton enforcement officer was very good and justified his opinion by saying it was critical that the goods we took to market and returned from market belonged to the farm. It also helped that the farm was over 5 hectares which is the DEFRA break point between farm and small-holding. Since then we have always paid for goods even at a nominal amount so that we cannot be accused of hauling somebody elses waste.

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