Trading Standards

[Justme]

Which bit are you quoting from?

 

The document attached in this thread says:

 

"Vehicle with a maximum permissible weight not exceeding 7.5 tonnes which only carries material or equipment for the driver’s use in the course of his work within a 100km radius of the place where the vehicle is normally based, provided that the driving does not constitute the driver’s main activity."

 

To my mind if you are delivering logs from a non agricultural enterprise then you can't use this exemption either because delivering means driving is the main activity or that the goods are not material for use by the driver.

 

I suspect carrying logs is sufficiently agricultural looking not to attract attention.

 

The legislation & guidance cover all of this. Links & docs have all been posted before.

 

The exemption form like a lot of government paper work can be very badly worded.

 

 

If you employ someone to do all your deliveries & no other work then they are a driver. If however they do a multitude of activities then they are not even if they do a few deliveries in a week.

 

The main activity would be processing the raw materials in to fire wood. The deliver is a small part of the process.

 

It is also worth noting that the driver would still be covered by the UK & possibly the EU working regulations & records will need to be kept of ALL work done in a week not just the driving parts.

 

In the end it is up to you what you want to do & what you spend your money on. Those that have already invested in tachos ect will obviously defend that choice.

 

As in most things take advice from as many sources as possible then do your own research, but do make sure that they dont have an axe to grind re selling you a course, equipment or service.

 

It makes no difference to me if you fit a tacho or not.

 

Yes I do sell trailer training courses but I doubt very much that there are many on here within my catchment area & even if they are having a tacho or not would not influence their choice in course supplier.

[shavey]

What sort of vehicle?

 

IE 4x4, pickup, van ect.

 

IVECOKID 3500kg equine transporter

Thanks

[eggsarascal]

IVECOKID 3500kg equine transporter

Thanks

 

Moving them up and down country pays better than betting on em.

[mendiplogs]

Moving them up and down country pays better than betting on em.

 

HI EGGS :lol::lol:i like that mate thanks jon

[shavey]

Moving them up and down country pays better than betting on em.

 

Yes Bery true eggs but not when I pass through them there hills where janny boy lives I end up bringing home something I don't need :lol:

 

Come on you Chiefs

[shavey]

HI EGGS :lol::lol:i like that mate thanks jon

 

Yes good one jon :thumbup:

[Justme]

IVECOKID 3500kg equine transporter

Thanks

 

 

Again not my area but I am sure that there are exemptions for private horse transporters. Read the attached doc to see if there is any exemptions for you.

A_guide_for_horsebox_and_trailer_owners.pdf

[openspaceman]

The legislation & guidance cover all of this. Links & docs have all been posted before.

 

I plainly missed those so still need convincing that one can deliver own goods in a vehicle whose gross train weight exceeds 3.5 tonne without a tachograph.

 

As far as I can see the only recent changes to legislation you may be referring to is the removal of the exemption for an operator's licence for a trailer less than 1020kg unladen weight when carrying goods for hire or reward. The exemption from operator's licence remains for most of us delivering our own goods with such a trailer.

 

An exemption from requiring a tachograph to be fitted is a different issue.

 

 

The exemption form like a lot of government paper work can be very badly worded.

 

Well it seemed fairly clear to me, though IANAL people I work with do rely on me for advice on transport related issues, including a recent case I took before the traffic commissioner in the face of opposition from the highways authority, regarding our operating centre, he ruled in our favour.

 

In fact the text accompanying that particular document says:

 

"This form is used at the time of a vehicle test if a HGV does not have a calibrated tachograph fitted and the presenter wants to declare it exempt."

 

but granted it may influence a policeman at a roadside check.

 

So my view remains in the unlikely event you are stopped at a roadside checkpoint whilst delivering logs with a trailer and you are not overloaded or breaking other traffic laws:

 

You do not need an operators licence if the towing vehicle is less than 3.5 tonnes MAM AND the trailer has an unladen weight of less than 1020kg and a MAM of 3500kg AND the logs are your own goods.

 

You do require a tachograph unless the work is agricultural or forestry enterprise.

 

You probably don't require the CPC on top of your B+E licence.

[renewablejohn]

You asked the same question and had it answered by Justme in the trailer deliveries thread two weeks ago. Firewood are goods that you own so are not hire and reward. Firewood is an integral part of a lot of forestry businesses and now to a large extent agricultural enterprises, I don't see many agricultural types worrying about tacho use when delivering by trailer around Norfolk? We have many college kids thundering round in 30 tonne tractors delivering maize for biogas who more likely to knock down the little kiddies!

 

Pity HMRC dont agree with you. In there eyes once its cut into logs your acting as a timber merchant.

 

BIM66655 - Timber merchants: owner occupation of woodlands

[teepeeat]

Na they were trying to get my address to send stuff out I told them to email it and the same letter arrived today (below).

 

Please find attached a copy of a letter which is being sent to all firewood sellers in Perth and Kinross who are selling by volume, providing advice about how these sales should be conducted.

 

Under current legislation you are also required to have the geographical address of your business on your website whether it is for sales or marketing.

 

 

Do not hesitate to contact us if you require any further information or advice.

 

Regards

 

Angie Menzies

 

Trading Standards Technician

 

Perth & Kinross Council

 

Pullar House

 

35 Kinnoull Street

 

Perth

 

PH1 5GD

 

Tel; 01738 476419

 

E-mail; [email protected]

 

Twitter; @PerthandKinross #TS_Alert

 

Better Business Partnership Better Business Partnership - Perth & Kinross Council

 

Have to ask, what is a 'Trading Standards Technician'??