Quick question for the resident helpful ones here.
Situation - collecting a vehicle thats just been brought by a friend with his own company. Im listed as an employee purely for insurance purposes but any time I help I recieve NO paymemt.
Not carrying goods or passengers and not for hire/reward so no tacho.
The vehicle is fitted with a tacho and required to be used normally.
If you are in a situation where you do not need to use a tacho, will you still be required to have 28 days of records with you?
m1cks:
Quick question for the resident helpful ones here.
Situation - collecting a vehicle thats just been brought by a friend with his own company. Im listed as an employee purely for insurance purposes but any time I help I recieve NO paymemt.
Not carrying goods or passengers and not for hire/reward so no tacho.
The vehicle is fitted with a tacho and required to be used normally.
If you are in a situation where you do not need to use a tacho, will you still be required to have 28 days of records with you?
You don’t say what the vehicle is but I assume the vehicle is a goods carrying vehicle over 7.5t MAM that is not privately taxed and will normally be used for the carriage of goods, in which case it’s not exempt from EU regulations and as the driver nor are you, furthermore the fact that you’re listed as an employee just confirms that you’re working under the instruction of your employer, the fact that you don’t get paid is irrelevant.
As far as I can see neither the vehicle nor you are exempt from EU regulations, so you would be legally required to use the tachograph and carry any charts used in the previous 28 days and your driver card if you have one.
If the vehicle is used exclusively by/for a voluntary/community organisation for the non-commercial carriage of passengers it’s exempt and you will not be required to carry your records.
If he is a volunteer driving that minibus for that organisation then it will be exempt even if that minibus is also used for a commercial purpose by a business
Its unusual but there are some community organisations that use a minibus on weekends which is used on weekdays by a business
there is no reason that it cannot be done that way
ROG:
If he is a volunteer driving that minibus for that organisation then it will be exempt even if that minibus is also used for a commercial purpose by a business
Its unusual but there are some community organisations that use a minibus on weekends which is used on weekdays by a business
there is no reason that it cannot be done that way
Yes but he won’t be carrying passengers for a voluntary organisation on that journey, so in my opinion unless the vehicle is to be used exclusively for the none commercial carriage of passengers he could not claim that exemption on that journey.
ROG:
Its unusual but there are some community organisations that use a minibus on weekends which is used on weekdays by a business
there is no reason that it cannot be done that way
ROG:
If he is a volunteer driving that minibus for that organisation then it will be exempt even if that minibus is also used for a commercial purpose by a business
Its unusual but there are some community organisations that use a minibus on weekends which is used on weekdays by a business
there is no reason that it cannot be done that way
Yes but he won’t be carrying passengers for a voluntary organisation on that journey, so in my opinion unless the vehicle is to be used exclusively for the none commercial carriage of passengers he could not claim that exemption on that journey.
Using the minibus when empty for such a community organisation does not preclude it from being used empty under that organisations umbrella
ROG:
If he is a volunteer driving that minibus for that organisation then it will be exempt even if that minibus is also used for a commercial purpose by a business
Its unusual but there are some community organisations that use a minibus on weekends which is used on weekdays by a business
there is no reason that it cannot be done that way
Yes but he won’t be carrying passengers for a voluntary organisation on that journey, so in my opinion unless the vehicle is to be used exclusively for the none commercial carriage of passengers he could not claim that exemption on that journey.
Using the minibus when empty for such a community organisation does not preclude it from being used empty under that organisations umbrella
But he’s fetching the vehicle which will also be used for commercial purposes and the journey legally has nothing to do with the voluntary work.
Technically the journey in question will not be exempt, If stopped he may get away with saying it’s part of the voluntary work, but any checks could leave some awkward questions to answer by both the driver and the operator.
Having said that I would think there’s little chance of checks being done unless there was an accident.
Would it not be like a trade plater who would be delivering a vehicle?
The trade plate delivery driver would be unaware of the use of the vehicle hence needing to record his tacho info for his own hours.
Drift:
Would it not be like a trade plater who would be delivering a vehicle?
The trade plate delivery driver would be unaware of the use of the vehicle hence needing to record his tacho info for his own hours.
But the trade plater would have no connection to the business.
tachograph:
But he’s fetching the vehicle which will also be used for commercial purposes and the journey legally has nothing to do with the voluntary work.
Its interesting because if its being taken to the voluntary place not the commercial place then the purpose of the journey is in connection with the voluntary one
If a voluntary community was to go and pick up a new minibus from a dealer then would that be commercial or not? - I think not
tachograph:
It’s just an Internet discussion/debate as far as I’m concerned mate
tachograph:
But he’s fetching the vehicle which will also be used for commercial purposes and the journey legally has nothing to do with the voluntary work.
Its interesting because if its being taken to the voluntary place not the commercial place then the purpose of the journey is in connection with the voluntary one
I would say that legally you would have to be taking the vehicle to the voluntary organisations place to use it there, I don’t see that taking the vehicle to the voluntary organizations place then later onto a commercial job without any voluntary work being done would change anything.
