Is the Correct?

[Treewolf]

I think also that it is the maximum permitted GTW that determines the need for a tacho, not the actual weight. So if the trailer is rated for 3.5tonnes but is empty, you are still committing an offence.

 

I actually believe that every time we set foot out of our homes now we are breaking the law in some way (especially if we then get behind the wheel). The world has gone mad. Very depressing.

[Fleet Risk Consultants]

Hi Everyone,

 

One of your members has phoned me and asked this question. he also suggested I join you here and see if I can help you.

 

Quick summary here as I will answer each post individually.

 

Every usage is different, BUT there is an exemption you guys can use, but it is subject to certain limitations.

 

Also you only need to use a tachograph when required (Towing with a Landrover and not exempt).

 

To be up front and honest with you all, I will say if you are exempt or not here, but to be fully compliant in either case you may need some documents from us.

 

Hope that is useful.

 

Oh yes I will also be definitive and not vague!!

[gensetsteve]

I think also that it is the maximum permitted GTW that determines the need for a tacho, not the actual weight. So if the trailer is rated for 3.5tonnes but is empty, you are still committing an offence.

 

I actually believe that every time we set foot out of our homes now we are breaking the law in some way (especially if we then get behind the wheel). The world has gone mad. Very depressing.

 

I think you could be right. What we are teaching the next generation is sit at home ( social housing ) do nothing and have lots of children. If you do nothing and take no chances you are unlikely to get sued or prosecuted. Middle england easy pickings for the authorities loaded or skint is the way to go.

[Fleet Risk Consultants]

Just watching motorway cops on the telly, and a police officer on there has just said that if you are towing a trailer with a gvw of over 3.5tons for business use you have to have a taccograft fitted to the vehicle. Is this true? And if it is do you have one?

 

You are slightly incorrect, but not by much.

 

If you are using a vehicle for business that has a permissable weight that si in excess of 3,500kg your will come under the regulations requiring you to have and use a tachograph.

 

Typically for you this would be a vehicle and trailer (this includes chippers!).

 

There are a number of exemptions though that could be used.

[Fleet Risk Consultants]

do you mean a gross train weight? any vehicle over 3.5t has to have a tacho regardless of wether towing or not

 

Spot on Steve, but it is permissible not actual weight that is relevant.

[Fleet Risk Consultants]

it's an interesting one. if delivering a product, definitely,

theres an exemption somewhere in the table as i understood it, that covers carriage of the tools or materials of one's trade in the towing vehicle and/or trailer. not sure about 'arrisings'

 

There is an exemption for carrying tools etc, but it is limited in distance and driving must not be your primary job function.

[Fleet Risk Consultants]

You read my mind mark. I was just going to ask the exact same question. I have done a quick search on the net and read a few bits. I have emailed a company to ask about it. If so then it looks like my employers have got some work to do!! Took 7 years for them to finally put me through the trailer course. tight *$%@'s!!!!

 

Did you email us?

 

It does depend but there are 2 exemptions that an arborist could use!

[Fleet Risk Consultants]

From Business support, information and advice | Business Link

 

 

The GB rules will apply if you drive a van or other commercial vehicle with a maximum permitted gross weight of 3.5 tonnes or less. They may also apply to drivers of some passenger-carrying vehicles, including public service vehicles on regular services on routes of 50 kilometres.

 

 

The Great Britain (GB) domestic drivers' hours rules affect most drivers and commercial vehicles that are not within the scope of the EU rules. They apply only to journeys made entirely or partly on public roads in Britain. Northern Ireland has its own domestic rules.

 

For more information on the EU rules, see our guide on how to comply with EU drivers' hours rules.

 

The GB rules won't apply if you are driving in a private capacity, ie not in connection with a job or in any way to earn a living.

 

You will come under the GB rules if you drive a public service vehicle (PSV) that:

 

* is used on regular services of 50 kilometres or less

* has eight or fewer passenger seats and is used on regular services within the UK of 50 kilometres or more

* has eight or fewer passenger seats and is used on non-regular services, such as a tour, private hire or a commercial excursion

 

For definitions of what counts as a public service vehicle and how a regular service is defined, see our guide on drivers' hours rules: the basics.

 

Other passenger-carrying vehicles driven under permit operations - or used for non-PSV use - also come under the GB rules. See this table to help you decide which rules apply to passenger carrying vehicles - Opens in a new window.

 

If you drive a goods vehicle, you will need to follow GB drivers' hours rules if the vehicle or vehicle combination - eg a van with a trailer - has a maximum permissible gross weight of 3.5 tonnes or less, and is operated entirely within Britain.

Exemptions

 

The GB rules do not apply to drivers who do not use public roads, eg driving in connection with road improvements or road maintenance, quarrying, construction work and civil engineering works.

 

If you drive for fewer than four hours every day in any fixed week, you do not have to meet the drivers' hours requirement for that week. A fixed week runs from 00.00 on Sunday to 00.00 the next Sunday.

 

 

Not sure if this helps My mogs are argi class so its never bothered me

 

Just be careful with your Mogs as the use you put them to may bring you in scope of the regulations. it is not the type of vehicle you use, but the weight of them and the use you put them to.

[Fleet Risk Consultants]

I thought a 3.5t vehicle could tow a 750kg trailer no worries?

 

Are you thinking about driving licence categories at all?

[Fleet Risk Consultants]

My understanding is, if the whole package is over 3.5t then unless excepted (50k radius rule for example) then at the least, manual records must be kept of ALL mileage irrespective of whether it is private or commercial.

 

This so a record can be referred to in the event of an incident when or if the towing vehicle is available for private use ie a 4x4, crewcab, whatever.

 

And gentlemen, it cost me £200 to discover that. No amount of saying , "I only use it for demonstrations, it's not for hire or reward etc will stand up in court.

 

On another point. Check the rated capacity of your trailers against your maximum allowed mass and towing capacity. If your rated capacity is 300okgs (Ranger, Rodeo) and your trailer is rated to 3500kgs - you are breaking the law even empty!

 

Pete - your last point is incorrect. At that point it is actual weight that is used not permissible.