VOSA landy and tacho

[Goaty]

Missed opportunity for layman Dean BBBBBBrrrrrrrrHHHH, creak CCCCrrrrrrraaaaasssshh.

 

"whoops sorry you did not give me notice of intention to be occupying my work zone, I needed 21 days prior written notice if you where going to park there so I could get the vacant slot in my real schedule rebooked!"

 

Or something like that.

[treebloke]

So the MAM was more than 7.5 tonnes because the weight of the trailer is added to the gross weight of the truck. The derogation for carrying tools for the driver's use is only for a MAM of less than 7.5 tonnes.

 

I have taken this to mean that as soon as I couple our 750kg chipper to the 7.5 tonne I must use the tachograph.

 

If you look at the exemptions it makes no reference to the weight of the vehicle or if it is towing a trailer, look at page 27.

 

http://www.dft.gov.uk/vosa/repository/Rules%20on%20Drivers%20Hours%20and%20Tachographs%20-%20Goods%20Vehicles%20in%20GB%20and%20Europe.pdf

[openspaceman]

If you look at the exemptions it makes no reference to the weight of the vehicle or if it is towing a trailer, look at page 27.

 

http://www.dft.gov.uk/vosa/repository/Rules%20on%20Drivers%20Hours%20and%20Tachographs%20-%20Goods%20Vehicles%20in%20GB%20and%20Europe.pdf

 

That is the UK rules page and for most people this will not apply, if you follow the flow chart on page 11 you will see all commercial vehicles over 3.5 tonnes MAM have to comply with EU rules unless they come under one of the exemptions or derogations.

 

The exemptions for class of vehicles will not apply to most of us but if you scan on down to page 15 we have:

"Vehicles or combinations of vehicles with a maximum

permissible mass not exceeding 7.5 tonnes that

are used:

by universal service providers as defined in

Article 2(13) of Directive 96/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of community postal services and the improvement of quality service to deliver items as part of the universal service; or

 

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."

 

The 4 hour limit mentioned in UK rules has gone. so one could drive 4 hours to work, take a break and cut a tree and drive 4 hours home and still not need to use the tacho if you are within 50km of base and the MAM is less than 7.5 tonnes.

 

Not that my boss believes me

[treebloke]

Taken from the first paragraph in section 1 - Vehicle operations that take place off the public road or vehicles that are never used to carry goods on a public road are out of scope.

 

Taken from the Oxford English Dictionary 'Goods, all kinds of personal property'.

 

As we do not carry personal property (goods) then we must be exempt from EU rules?.

[Peter]

How does your chainsaw ( a kind of personal property) get to work?

[treebloke]

How does your chainsaw ( a kind of personal property) get to work?

 

In the truck but it belongs to the company.

[treequip]

Taken from the first paragraph in section 1 - Vehicle operations that take place off the public road or vehicles that are never used to carry goods on a public road are out of scope.

 

Taken from the Oxford English Dictionary 'Goods, all kinds of personal property'.

 

As we do not carry personal property (goods) then we must be exempt from EU rules?.

 

 

The argument stands and falls on the definition of the word and that would be tested in court.

[treebloke]

The argument stands and falls on the definition of the word and that would be tested in court.

 

Yes I know, clutching at straws trying to avoid a £300 fine.

[chaffey]

I decided to phone VOSA and catweasel has it for me. No further than 50km from base I was duly informed by an inspector, so should I get pulled with the transit and trailer all will still be good.