If the type of work which I am doing comes under domestic rules and is therefore exempt from EU rules, can I choose to abide by either Domestic time keeping or EU time keeping?
What sort of work are you doing or is it a general question ?
I don’t know the DVSA view on this but given that apart from the total duty time the EU regulations are generally more stringent than the UK domestic rules I can see no reason why you could not choose to ignore the exemption and work to EU regulations if you wanted to, though I think it would have to be one or the other pretty much permanently, I doubt you’d get away with choosing to ignore the exemption one day but not on the next day if the job is the same.
It is haulage of our own grain from one site to another site which is less than 100kms.
Lusk:
If the type of work which I am doing comes under domestic rules and is therefore exempt from EU rules, can I choose to abide by either Domestic time keeping or EU time keeping?
i’m of the opinion that you can choose, i do the same thing occasionally, but always run on domestic when it allows
Just and update for you, but I am afraid that you can not choose which rules you come under. If the type of work you are doing comes under EU, then it is EU you must abide by. Conversly, if the type of work you come under is Domestic, then domestic rules are what you should adhere too.
Lusk:
Just and update for you, but I am afraid that you can not choose which rules you come under. If the type of work you are doing comes under EU, then it is EU you must abide by. Conversly, if the type of work you come under is Domestic, then domestic rules are what you should adhere too.
Could you tell us where this information has come from.
Yes, a trade body.
(Happy to PM you the name of company)
Interested to hear your point of view.
Lusk:
Yes, a trade body.(Happy to PM you the name of company)
Interested to hear your point of view.
Thanks I’d be interested to see it.
i don’t see how they can say if you’re eligible to run on domestic then you must, as what about the people who are in a grey area, the people that would ultimately need a judge to decide. if you’re in a grey area and didn’t want to spend cash on a transport lawyer and see what the judge decides on the day, then surely the safe thing to do would be run on eu.
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.
as you are working under the domestic rules then from what I can see within the regulations you have to abide to the domestic rules all the time,
wildfire:
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.as you are working under the domestic rules then from what I can see within the regulations you have to abide to the domestic rules all the time,
Yes, this is how I think it reads.
It is my understanding you can choose to operate under EU rules but must do so completely and cannot swap and change.
The EU rules are far stricter so in a way I think this makes sense.
I’m sure I remember this from my CPC exam … Certainly rings a bell
Is there a way the authorities can tell if someone who should be using domestic hours, are in fact using EU hours?