I am trying to get some clarity on the following issue, and I’m hoping I can get something from you knowledgeable chaps;
A local company operate several articulated vehicles all around 28 tonnes, they carry out work for customers on sites around the country, the trailers are fitted with specialist plant which is used to process oil in the customers equipment. They don’t carry any oil as such just the equipment which remains on the vehicle for its entire life.
Currently the work under the GB domestic hours but I’m not totally sure this is correct, the work they carry out is generally maintenance on existing equipment but occasionally they are involved in processing oil that is going into new equipment. They don’t abuse the working hours, in fact they manage the hours well. Should they be under EU rules.
Just looking for some additional guidance, thanks guys,
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
gov.uk/government/uploads/s … europe.pdf - pages 13 onwards give exemption from EU regs and I cannot find one which fits so IMO it should be under EU regs as it has a BURDEN of its own equipment
I am probably wrong … but its one viewpoint
Does the tractor unit provide power to the trailer for the trailer to perform its function 
IE if tractor unit uncoupled can trailer work
I reckon the best answer is to seek legal advice. It’s too important to be decided by opinions on here.
One of my customers has very big high access vehicles used for cameramen at sporting events - they have been to court and it was decided they are exempt Tachos. This was after VOSA took them to court. VOSA lost. But I don’t know the full details and suspect the operator may be ■■■■■■■■■■■■ me. He only uses tachos if he’s leaving the UK though and uses a log book the rest of the time - but does operate to EU Rules even though he’s on log book!!! His vehicles are trucks with the specialist equipment bolted on the back.
I used to fit high pressure water pumps and big water tanks onto standard truck chassis cabs. They were exempt tachos, MOT’s - the lot. I didn’t question it at the time. I was told it was a piece of plant - not a goods vehicle. Drove them country wide without a thought to rules or records. Was quite a few years ago though.
Although I see what Rog is saying with regards to goods vehicles I don’t think this applies as it doesn’t carry goods. A comparison is concrete volumetric trucks. They don’t carry goods - just tanks of water and sand etc and a big pump.
Perhaps it is about the definition of a vehicle?
There again - the tractor is carrying the burden of the trailer and delivering it - so maybe tachos do apply.
I dunno 
ROG:
Does the tractor unit provide power to the trailer for the trailer to perform its function
IE if tractor unit uncoupled can trailer work
Yes, the trailer only needs the tractor unit to get it to the site. Once on site the trailer plant is coupled to the customers equipment and the process commences.
Enforcer:
ROG:
Does the tractor unit provide power to the trailer for the trailer to perform its function
IE if tractor unit uncoupled can trailer work
Yes, the trailer only needs the tractor unit to get it to the site. Once on site the trailer plant is coupled to the customers equipment and the process commences.
In that case its going to be EU regs as the unit is not part of the plant and is delivering the plant trailer according to the info I have been given
If the unit was needed to work the plant trailer then it would be plant and under domestic regs
I believe there was a crown court case defining this - I will try and find out what it was …
ROG:
Enforcer:
ROG:
Does the tractor unit provide power to the trailer for the trailer to perform its function
IE if tractor unit uncoupled can trailer work
Yes, the trailer only needs the tractor unit to get it to the site. Once on site the trailer plant is coupled to the customers equipment and the process commences.
In that case its going to be EU regs as the unit is not part of the plant and is delivering the plant trailer according to the info I have been given
If the unit was needed to work the plant trailer then it would be plant and under domestic regs
I believe there was a crown court case defining this - I will try and find out what it was …
Cheers Rog, any help will be appreciated, I think the final route will be one of the recognised transport law firms, but I need to see what’s what before we do that!, many thanks.
I suppose the easy answer is just work to EU Rules. If there is an exemption/derogation you don’t HAVE to use it.
By working to EU Rules it does mean if anything should go wrong (RTA etc) you have the best defence in that you were taking the same breaks etc and keeping records etc the same as an HGV driver. Shows good will I suppose.
I think Rog is bang on though. Because the tractor is simply delivering the plant (in the same way you might have a JCB loaded on the back of a flat) then it is an HGV.