Check list for being legal

[Alycidon]

Surely a Landrover 110 & trailer is still in the B+E cat (IE cars/vehicles under 3500kg MAM) not C1E (IE vehicles over 3500kg but under 7500kg MAM not for hire or reward)?

 

The issue is the combined weight of towing car + trailer when fully loaded, if under 3.5 t in total then no tacho. If above then Tacho needed IF delivering for Hire/reward but there is a loophole taking machinery to site for use by the driver as I have already explained. If you are not pulling a trailer then if you are under 3.5t then again no tacho. It makes no difference of you are using a Landrover or a BMW 5 series for example.

 

If you are taking logs to a friend as a gift then no tacho needed, you may need to proove that though.

 

A

[Justme]

The issue is the combined weight of towing car + trailer when fully loaded, if under 3.5 t in total then no tacho. If above then Tacho needed IF delivering for Hire/reward but there is a loophole taking machinery to site for use by the driver as I have already explained. If you are not pulling a trailer then if you are under 3.5t then again no tacho. It makes no difference of you are using a Landrover or a BMW 5 series for example.

 

If you are taking logs to a friend as a gift then no tacho needed, you may need to proove that though.

 

A

 

If you read the opening post they are asking if they are legal & have they missed any thing.

 

Hi

Just started and want to make sure I'm legal...

 

a) Landrover 110 + 5'x8' Indespension trailer with brakes....Total unladen weight 2.5 tons. Add 1m3 of wood and total weight must be around 3 tons.

 

b) Licence allows me to drive Category C1+E which is medium sized vehicles with a trailer over 750kg, but the trailer - when fully loaded - can’t weigh more than the vehicle.

 

Obviously need commercial insurance but any legal requirements I'm missing?!

 

thanks...

 

Yep your right he might need at tacho, but that still does not alter the fact that even fully loaded he wont be using the C1E part of his licence but the BE part. Thats wont affect the need for a tacho but it does impact on some other laws that might apply. Like at 70 unless he gets a medical the C1E will be removed from the licence.

 

The unladen weight of the 110 is going to be 1600-1900kg aprox with a MAM of upto 3000kg. Even a small non braked trailer will put a 110 well into the needing a tacho camp.

[Mike H]

Here is a VOSA document I have just stumbled upon at:

http://www.novadata.co.uk/userdata/files/rules_on_drivers_hours_and_tachographs_-_goods_vehicles_in_gb_and_europe.pdf

 

It states (page 15)....

"Exempt from EU Regulations:

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."

 

...which suggests we are only subject to UK regulations. If that is correct, then a Tacho is not required. Written Records may be required, but the chart on page 27 on the above document shows that journeys within 50km (now 100km) don't even need this.

 

The key, I suppose, is whether 'logs' are deemed 'forestry'?

Or am I missing something?

[Ian Flatters]

I have this printed in the trucks after doing my ADR course.

[Daniël Bos]

Here is a VOSA document I have just stumbled upon

 

The key, I suppose, is whether 'logs' are deemed 'forestry'?

Or am I missing something?

 

The answer is no. delivering your product to the consumer is not forestry. The fact your logs were once a tree is not relevant.

[Mike H]

Hi

 

Just phoned VOSA who said they reckon logs are 'forestry' but I should call my local Enforcement Officer to check. The Officer said that as long as they are my own trees, I can process them and deliver to a customer with my Trailer and I do not need a Tacho. However, if I buy in the trees, the 'Forestry' element has then ceased and the processing becomes an industrial activity which is not exempt... so I would need a Tacho. He said that if they see someone taking down windblown trees then they would view that as part of the 'forestry' process and if those trees were cut/processed into logs it would be ok. He did say that it gets a bit grey, but generally if it is a small scale operation and the logs are either directly part of a 'forestry' process (clearing fallen trees) or the trees were cut down by yourself and you did not buy the wood in.... then you are ok. I said that if ever he pulled me over, it would be when I happen to be carrying logs from my small wood, rather than any bought in stuff.... he laughed and said if that was the case, then I would be fine.

 

Summary:

I think if you can demonstrate that the trees used for logs are from your own trees or are part of a 'forestry activity' that you have been involved with, then you are OK. If you have clearly bought in the trees and then just processed them into logs, you are not part of the 'Forestry' exemption. If you are under the 'Forestry' exemption and you drive more than 100km from your base, you are subject to UK Law and need to keep a proper record of hours (which I think can be just hand written and signed off by boss).

Edited March 31, 2015 by Mike H

[peatff]

How do you go about having a tacho fitted? Can you get cheap diy ones?

 

Yes you can

 

[Homegrown]

I have this printed in the trucks after doing my ADR course. [ATTACH]179578[/ATTACH]

 

So it gets you a prohibit notice for carrying chip in a tipper without a sheet?

[Ian Flatters]

So it gets you a prohibit notice for carrying chip in a tipper without a sheet?

 

 

Only if it's deemed so. But hen again you could question he same about loose sand. I have it for the employees to use if required when not only loading the truck. But trailers.

[Logsnstuff]

Yup, I'm good

 

Thanks Billy. It makes sense otherwise builders/landscapers/gardeners and loads of other businesses will need a tacho but I don't know anyone that actually has one. I think the fact that you are not a 'driver' as your main occupation is important along with being under 7500kg. It seems that if you go abroad or beyond 50km from home, then be careful and perhaps keep records.

 

Anyone know differently?

 

Vosa told me if the goods in the trailer are for sale then it needs a tacho landscapers, builders etc don't need one because they are carrying goods/machinery for use but if you are delivering the likes of a lawnmower to a customer then you will need a tacho. you can carry log rings because they need further processing but if it's finished logs irrespective if your going to a customer or back to a yard they will require a tacho. haven't made it to the end of thread yet so this might have been covered already.