3.5 tonne trying to do the right thing...

[rgeparker]

So, to play it safe, would I be better off getting a 500kg trailer, rather than a 750kg? This way, my GTW will be sub 3.5 tonne, meaning that none of the aforementioned complications would be an issue.. (Tacho, CPC etc).

I always understood it as being I can legally drive a 3.5 tonne truck, towing a 750kg trailer/chipper, but to do so in the course of this industry, I'd either need to adhere to the additional laws (Tacho etc), or fall under one of the exemptions?

It really is confusing :-(

[richy_B]

I disagree

 

The exemption is

 

"for the driver's use in the course of his work"

 

and removing waste is not "for use in the course of his work" its waste removed from site, back to a depot for further processing.

 

Your bowser is the perfect example of the exemption, clearly you don't need to empty the bowser for the journey back, the contents of the bowser are unused materials and not waste you are removing from site.

 

This demonstrates my comment perfectly. Too much is left to interpretation.

[treequip]

This demonstrates my comment perfectly. Too much is left to interpretation.

 

What's to interpret?

 

"for use in the course of his work"

 

Its pretty simple, what it doesn't say is cart timber back to the yard to be split nest time its raining. What it doesn't say is cart chip and dump it at the allotments.

[openspaceman]

I understood it as being the GTW possible, rather than the actual load being carried at that time.. If that makes sense. I.e my truck and trailer loaded to their maximum permissible weight would exceed 3.5 tonne. Even if the trailer was empty , and I got pulled over, would I not be in the wrong, because if the trailer WAS loaded, I'd be overweight? It's what the trailer can potentially carry, is it not? Like, I'm not able to tow an empty trailer with a GVW of 800kgs, because If it was loaded, my driving Licence wouldn't allow it.. Or is that a different matter again?

 

There was a position statement posted about smaller vehicles towing trailers. VOSA say that if the vehicle is being driven with a B licence (car or truck up to 3500kg MAM) then the actual weight of the trailer will be allowed, not it's MAM in calculating the weight. So a trailer with a gross plated weight of 2 tonnes could still be towed as long as it s actual weight does not exceed 750kg.

 

This is different from the previous interpretation which still applies to C1 and C +E towing where it is the MAM of the combination that counts.

 

I suspect this was a compromise to allow ordinary car drivers to use trailers for personal use.

[openspaceman]

What's to interpret?

 

"for use in the course of his work"

 

Its pretty simple, what it doesn't say is cart timber back to the yard to be split nest time its raining. What it doesn't say is cart chip and dump it at the allotments.

 

Yes that is my interpretation but the VOSA lady from the now closed Mitcham office said she would allow it as materials ancillary to the work. I have never seen any official statement.

[rgeparker]

Ok, thanks for that. So, like you said before, as long as I don't fully load my trailer (less approx 75kgs), I should be ok legally?

Cheers. Rob

[TommyW]

Was just browsing through this - I had a look at the tacho exemption guidelines referred to earlier - 17 seems pretty apt for transport of arisings:

 

17. Vehicle is used by agricultural, horticultural or forestry undertakings as part of their own entrepreneurial activity to carry goods within a 100 km radius of their base

 

Plus in this case there is no limit to the GTW (ie combination of vehicles not over 7500kg combined).

 

In this case you could have a 7.5t vehicle loaded with chip pulling a 3.5t trailer fuller of chip. You would still require an O licence.

 

As far as O licence goes - I think you should be able to operate on a:

Restricted licence

This licence allows you to carry your own goods, but not other people’s goods.

 

I would base this on the fact that once my customers branches have been processed through my chipper, into my vehicle and removed from their property they have become my property. I do not charge for tipping them so am not transporting for sale / reward. Wood goes back to the yard for processing and is delivered in legal loads on a transit.

 

This is my interpretation and could be wrong but I am looking into getting the O licence and want to keep it simple