towing 3,5t

[Pinkfoot]

I might take the missus to the shops in my ag reg 7.5t hiab wagon.....

 

Oh scrub that I'm to ugly to have a missus

 

I could dress up for you , for a small reward..

[ukminch]

Rewards are out unless under 31.1214 miles away from base :-(

[Pinkfoot]

Cor , I just qualify . Your luck is in big boy

[Pinkfoot]

Sorry , wife informs me I was born in '64. On your own ugly.

[openspaceman]

I think it is 100km??

 

100km is the current exemption for agricultural or forestry enterprises

[R5log]

100km is the current exemption for agricultural or forestry enterprises

 

 

That's what vosa said when they pulled me

[R5log]

100km is the current exemption for agricultural or forestry enterprises

 

 

So it is 100km from base

[openspaceman]

So it is 100km from base

 

I suspect not for most of us for the next week

Edited February 24, 2015 by openspaceman

[WeFixIt]

For them whom wish to read! some selected facts supplied by vosa

 

 

Which rules apply?

 

Within Great Britain (GB), either UK domestic or EU rules may apply. For international journeys, either the EU rules or the European Agreement Concerning the Work of Crews of Vehicles Engaged in International Road Transport (AETR) may apply. Which set of rules applies depends on the type of driving and the type of vehicle being used, and, in the case of international journeys, the countries to be visited. Most vehicles used for the carriage of goods by road and with a maximum permissible weight (including any trailer or semi-trailer) of over 3.5 tonnes are in scope of the EU rules. ‘Carriage by road’ is defined as any journey entirely or in part made on roads open to the public of a vehicle, laden or unladen, used for the carriage of passengers or goods. ‘Off-road’ driving is in scope where it forms part of a journey that also takes place on public roads. Journeys made that are entirely ‘off-road’ are out of scope of the EU rules. International journeys to or through countries that are outside the EU but are signatories to the AETR are subject to AETR rules. For journeys that are partly in the EU and partly in countries that are neither in the EU nor signatories to AETR, EU rules will apply to that portion of the journey that is in the EU. Countries outside the EU and AETR are likely to have their own regulations governing drivers’ hours, which should be adhered to while you are driving in that country. Vehicles that are exempted from the EU rules come under UK domestic rules on drivers’ hours while engaged in domestic journeys. The flowchart on the next page will help you determine which rules apply in connection with the use of a goods vehicle.

 

EU & AETR rules on drivers’ hours

The EU rules (Regulation (EC) 561/2006) apply to drivers of most vehicles used for the carriage of goods - defined as goods or burden of any description - (including dual purpose vehicles) where the maximum permissible weight of the vehicle, including any trailer or semi-trailer, exceeds 3.5 tonnes and where the vehicle is used within the UK or between the UK and other EU and EEA countries and Switzerland. 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. Additionally drivers who never carry goods or passengers in the course of their employment are not considered to be within scope of the regulations. For example, this covers operations such as the delivery and recovery of hire vehicles and empty vehicles taken for annual test. A driver is anyone who drives a vehicle or is carried on the vehicle in order to be available for driving. Exemptions and derogations The following table contains a list of vehicles that are exempt from the EU rules regardless of where the vehicle is driven within the EU. See also ‘Unforeseen events’ on page 23.

Note: In some cases it may be necessary to refer to case law for definitive interpretations.

 

Exemptions

1.Vehicles not capable of exceeding 40 km/h. For example, some works vehicles fall into this category. Also includes vehicles incapable of exceeding 40 km/h by virtue of a set speed limiter

2. Vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7.5 tonnes used for the non-commercial carriage of goods. Examples could include a person moving house and goods carried by a non-profit making group or registered charity.

3. Commercial vehicles that have a historic status according to the legislation of the Member State in which they are driven and that are used for the noncommercial carriage of goods. In the UK, a vehicle is a historic vehicle if it was manufactured more than 25 years before the occasion on which it is being driven

4. 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. For a vehicle used by fishery undertakings, the exemption only applies if it is being used to carry live fish or to carry a catch of fish from the place of landing to a place where it is to be processed. Agricultural tractors and forestry tractors used for agricultural or forestry activities within a 100 km radius from the base of the undertaking that owns, hires or leases the tractor.

6. Vehicles that are used to carry live animals between a farm and a market or from a market to a slaughterhouse where the distance between the farm and the market or between the market and the slaughterhouse does not exceed 50 km.

7. 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; (The only universal service provider in the UK at the time of publication (September 2007) is the Royal Mail. Universal service provider vehicles must have a tachograph fitted.)

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.

This would apply to tradesmen such as electricians or builders carrying tools or materials for their own use.

 

8. Vehicles used for the carriage of goods within a 50 km radius from the base of the undertaking and propelled by means of natural or liquefied gas or electricity, the maximum permissible mass of which, including the mass of a trailer or semi-trailer, does not exceed 7.5 tonnes.

9. In addition, the following vehicles are exempt from the EU rules in GB after the European Commission granted a special authorisation: u any vehicle which is being used by the Royal National Lifeboat Institution; u any vehicle that was manufactured before 1 January 1947; and u any vehicle that is propelled by steam. If it is exempt from the EU rules due to the provisions listed above then the vehicle will usually be in scope of the GB domestic rules when travelling in GB (see page 26).

 

GB domestic rules

The GB domestic rules, as contained in the Transport Act 1968, apply to most goods vehicles that are exempt from the EU rules. Separate rules apply to Northern Ireland. Domestic rules exemptions The following groups are exempt from the domestic drivers’ hours rules:

Drivers of vehicles used by the Armed Forces, the police and fire brigade

Drivers who always drive off the public road system

Private driving, i.e. not in connection with a job or in any way to earn a living.

 

Domestic driving limits

Driving is defined as being at the controls of a vehicle for the purposes of controlling its movement, whether it is moving or stationary with the engine running, even for a short period of time. Daily driving In any working day the maximum amount of driving permitted is 10 hours. The daily driving limit applies to driving on and off the public road. Off-road driving for the purposes of agriculture, quarrying, forestry, building work or civil engineering counts as duty rather than driving time. Day: The day is the 24-hour period beginning with the start of duty time. Daily duty In any working day the maximum amount of duty permitted is 11 hours. A driver is exempt from the daily duty limit (11 hours) on any working day when he does not drive. A driver who does not drive for more than 4 hours on each day of the week is exempt from the daily duty limit. Duty: In the case of an employee driver, this means being on duty (whether driving or otherwise) for anyone who employs him as a driver. This includes all periods of work and driving, but does not include rest or breaks. Employers should also remember that they have additional obligations to ensure that drivers receive adequate rest under health and safety legislation. For owner drivers, this means driving a vehicle connected with their business, or doing any other work connected with the vehicle and its load. Drivers of certain vehicles are exempt from the duty but not the driving limit, namely – goods vehicles, including dual purpose vehicles, not exceeding a maximum permitted gross weight of 3.5 tonnes, when used:

By doctors, dentists, nurses, midwives or vets;

For any service of inspection, cleaning, maintenance, repair, installation or fitting

By commercial travellers

By the AA, RAC or RSAC

For cinematography or radio and television broadcasting.

 

 

Driving limits

GB domestic limit (a maximum of 10 hours of driving a day) must always be obeyed. But at any time when you are actually driving under the EU rules you must obey all the rules on EU driving limits.

Other duty

GB domestic limit (i.e. no more than 11 hours on duty) must always be obeyed. But when working under EU rules you must also obey all the rules on breaks, daily rest (only on those days when actually driving) and weekly rest.

 

Enforcement and penalties

Fixed penalties and deposits Following the Road Safety Act 2006, fixed penalties and deposits were introduced during 2009. Infringing drivers with verifiable UK addresses are, in the most routine cases, dealt with by means of a fixed penalty, which can be considered by the driver for up to 28 days. Drivers without a verifiable address are asked to pay a deposit equal to the fixed penalty and further driving is prohibited pending receipt of that payment. VOSA can still take cases to court if it is deemed necessary.

Enforcement powers and sanctions Powers Legislation has provided authorised VOSA examiners with powers that include:

The power to inspect vehicles;

The power to prohibit and direct vehicles;

Powers relating to the investigation of possible breaches of regulations;

the power to instigate, conduct and appear in proceedings at a magistrates’ court. Sanctions Action taken against drivers’ hours and tachograph rules infringements is largely determined by legislation, and includes the following:

 

Verbal warnings Minor infringements that appear to enforcement staff to have been committed either accidentally or due to the inexperience of the driver/operator and are isolated instances may be dealt with by means of a verbal warning. This will include a clarification of the infringement and an explanation of the consequences of continued infringement.

Offence rectification notice These may be issued to operators for a number of infringements not related to safety, and give them 21 days to carry out a rectification of the shortcoming, otherwise prosecution will be considered.

Prohibition Many drivers’ hours and tachograph rules infringements attract a prohibition. A prohibition is not strictly a ‘sanction’, rather an enforcement tool to remove an immediate threat to road safety. When issued, driving of the vehicle is prohibited for either a specified or an unspecified period until the conditions stated on the prohibition note are satisfied. Where the prohibition is issued for an 42 43 SECTION 4: Tachograph rules unspecified period, a note indicating the removal of the prohibition must be issued before use of the vehicle is permitted. In addition to attracting a prohibition, the matter will be considered for prosecution.

Prosecution If it is considered to be in the public interest, more serious infringements are considered for prosecution, either against the driver, the operator or other undertakings, or against all of them. (See also EU rules: co-liability)

 

Penalties for infringements of the drivers’ hours

Rules in Great Britain Maximum fines As contained within Part VI of the Transport Act 1968 (as amended), the maximum fines that can be imposed by a court of law on conviction are as follows:

Failure to observe driving time, break or rest period rules: fine of up to £2,500 (Level 4);

Failure to make or keep records under the GB domestic rules: fine of up to £2,500 (Level 4);

Failure to install a tachograph: fine of up to £5,000 (Level 5);

Failure to use a tachograph: fine of up to £5,000 (Level 5);

Failure to hand over records relating to recording equipment as requested by an enforcement officer: fine of up to £5,000;

False entry or alteration of a record with the intent to deceive: on summary conviction fine of £5,000, on indictment two years’ imprisonment;

Altering or forging the seal on a tachograph with the intent to deceive: on summary conviction fine of £5,000, on indictment two years’ imprisonment

[WeFixIt]

Unfortunately highlighting didn't paste!!