dom_f:
I’m sure this is a dumb question but I’ve Googled and cannot find the answer. I’m taking my C to drive a motorhome (for personal use) > 7.5T then C&E to allow me to tow a car trailer. Being a C&E holder for private use do I fall under the remit of the TC?
Yes Dom, you do. What counts is not whether you drive for personal or commercial purposes: as soon as you have vocational entitlement (ie have passed a test for C1, C, or C+E), you fall within the TC’s remit. One of my first driver cases involved a woman who only used her C licence to drive her private horse box, but because of two drink drive offences she had to attend a hearing and received an extended disqualification (beyond the one given by the courts).
Thanks for a clear answer - just had a read of the RTA and have learned as a result
dom_f:
I’m sure this is a dumb question but I’ve Googled and cannot find the answer. I’m taking my C to drive a motorhome (for personal use) > 7.5T then C&E to allow me to tow a car trailer. Being a C&E holder for private use do I fall under the remit of the TC?
Yes Dom, you do. What counts is not whether you drive for personal or commercial purposes: as soon as you have vocational entitlement (ie have passed a test for C1, C, or C+E), you fall within the TC’s remit. One of my first driver cases involved a woman who only used her C licence to drive her private horse box, but because of two drink drive offences she had to attend a hearing and received an extended disqualification (beyond the one given by the courts).
But to clarify, if driving for personal use in a C1 or C motorhome registered as PHGV and not for reward, one need not put put the card in. Correct?
dom_f:
I’m sure this is a dumb question but I’ve Googled and cannot find the answer. I’m taking my C to drive a motorhome (for personal use) > 7.5T then C&E to allow me to tow a car trailer. Being a C&E holder for private use do I fall under the remit of the TC?
Yes Dom, you do. What counts is not whether you drive for personal or commercial purposes: as soon as you have vocational entitlement (ie have passed a test for C1, C, or C+E), you fall within the TC’s remit. One of my first driver cases involved a woman who only used her C licence to drive her private horse box, but because of two drink drive offences she had to attend a hearing and received an extended disqualification (beyond the one given by the courts).
But to clarify, if driving for personal use in a C1 or C motorhome registered as PHGV and not for reward, one need not put put the card in. Correct?
But to clarify, if driving for personal use in a C1 or C motorhome registered as PHGV and not for reward, one need not put put the card in. Correct?
Yes, that’s right. The EU drivers’ hours rules (still applicable in the UK by virtue of the Trade Agreement) apply to the carriage of goods or 9+ passengers. If you are driving a motorhome you are not carrying goods (I don’t think your pyjamas count) and do not therefore come within the scope of drivers’ hours rules.
Some vehicles that were previously used for commercial purposes but are no longer do have a tacho. Finding people willing or able to remove them is difficult. Same story with speed limiter.
I’m sure there was a mention of new technology that enforcement could detect offences without stopping a vehicle so when you are moving they had some way of knowing, was the gadget going to be on bridges or when an enforcement vehicle is driving near you ?
Traffic Commissioner:
I feel a bit of an interloper here: although I had driver CPC until a year or so ago I am currently a traffic commissioner. Won’t say which one as I am reasonably content with the current layout of my face!
I am posting here because a couple of weeks ago I held conduct hearings for around 15 drivers all of whom had pulled their tacho cards and carried on driving, in most cases to hide 4.5 hours or daily driving time offences. What most of them didn’t realise is that by pulling their card they were making false entries, which is almost always a far more serious offence than the offence it is intended to hide.
If you occasionally go over 4.5 or 9/10 hours it is unlikely to come to a traffic commissioner’s attention. But the moment you pull your card, that is an offence that will bring you before a TC. The expected outcome at a TC hearing (unless there are significant mitigating or aggravating factors) is a four week HGV licence suspension for each offence of pulling the card, and 12 months disqualification if there are more than six such offences (which was the case with many of the 15 drivers). I know TCs are considered as [zb]s, but in reality we would far rather not be handing out suspensions of this kind.
So please, whatever you do, don’t pull your card. Far better just to drive with it in and make an honest record of an offence, with maybe an explanation on the back of the printout. Even if you’re caught, the outcome will be much less severe than it will be if you falsify the record. Hope this is helpful, and I will now stand by for the buckets of excrement!
Mod’s edit:
If you need asterisks to get a word past the auto censor, then that’s your clue that you’re trying to use a banned word.
There’s a clue in the name, the auto censor is err… hmmm… automatic, so please just type whatever you want, then leave it.
The ‘preview’ button is your friend!! dd.
What penalty,problem from DVSA or any another can be if i done 4 13h+ shift per week.Simply today last shift before weekly rest and back from Waltham Abbey to Rugby.Was enough time but net Luton was about 1 hour traffic.In 28 day no any another infrigement.Simply today done 4th 15h shift between weekly rest.
Traffic Commissioner:
I feel a bit of an interloper here: although I had driver CPC until a year or so ago I am currently a traffic commissioner. Won’t say which one as I am reasonably content with the current layout of my face!
I am posting here because a couple of weeks ago I held conduct hearings for around 15 drivers all of whom had pulled their tacho cards and carried on driving, in most cases to hide 4.5 hours or daily driving time offences. What most of them didn’t realise is that by pulling their card they were making false entries, which is almost always a far more serious offence than the offence it is intended to hide.
If you occasionally go over 4.5 or 9/10 hours it is unlikely to come to a traffic commissioner’s attention. But the moment you pull your card, that is an offence that will bring you before a TC. The expected outcome at a TC hearing (unless there are significant mitigating or aggravating factors) is a four week HGV licence suspension for each offence of pulling the card, and 12 months disqualification if there are more than six such offences (which was the case with many of the 15 drivers). I know TCs are considered as [zb]s, but in reality we would far rather not be handing out suspensions of this kind.
So please, whatever you do, don’t pull your card. Far better just to drive with it in and make an honest record of an offence, with maybe an explanation on the back of the printout. Even if you’re caught, the outcome will be much less severe than it will be if you falsify the record. Hope this is helpful, and I will now stand by for the buckets of excrement!
Mod’s edit:
If you need asterisks to get a word past the auto censor, then that’s your clue that you’re trying to use a banned word.
There’s a clue in the name, the auto censor is err… hmmm… automatic, so please just type whatever you want, then leave it.
The ‘preview’ button is your friend!! dd.
What penalty,problem from DVSA or any another can be if i done 4 13h+ shift per week.Simply today last shift before weekly rest and back from Waltham Abbey to Rugby.Was enough time but net Luton was about 1 hour traffic.In 28 day no any another infrigement.Simply today done 4th 15h shift between weekly rest.
Andrejs, for future reference: if your last shift of the week had been only your third shift over 13 hours, and you were on your way back to base to do a full weekly rest, and the hold up in traffic in Luton was caused by an accident, you could have gotten away with that under the “exceptional circumstances” rule, where you can drive for one extra hour without having to have an extra break, or drive for an extra two hours as long as you have an extra 30 mins break immediately before the extra driving and you’d done a print out after the shift with a reasonable explanation.
Before anyone tells me this is BS, this change was brought in during August 2020, along with some other less useful changes.
As it is though, you’ll be a bit stuffed if stopped within the next 28 days
Zac_A:
Andrejs, for future reference: if your last shift of the week had been only your third shift over 13 hours, and you were on your way back to base to do a full weekly rest, and the hold up in traffic in Luton was caused by an accident, you could have gotten away with that under the “exceptional circumstances” rule, where you can drive for one extra hour without having to have an extra break, or drive for an extra two hours as long as you have an extra 30 mins break immediately before the extra driving and you’d done a print out after the shift with a reasonable explanation.
Before anyone tells me this is BS, this change was brought in during August 2020, along with some other less useful changes.
As it is though, you’ll be a bit stuffed if stopped within the next 28 days
Put in a link to a .gov early on, and youll save having to reply to BS accusations later. . . But youll get moans that your posts are full of links and references
Zac_A:
Andrejs, for future reference: if your last shift of the week had been only your third shift over 13 hours, and you were on your way back to base to do a full weekly rest, and the hold up in traffic in Luton was caused by an accident, you could have gotten away with that under the “exceptional circumstances” rule, where you can drive for one extra hour without having to have an extra break, or drive for an extra two hours as long as you have an extra 30 mins break immediately before the extra driving and you’d done a print out after the shift with a reasonable explanation.
Before anyone tells me this is BS, this change was brought in during August 2020, along with some other less useful changes.
As it is though, you’ll be a bit stuffed if stopped within the next 28 days
My driving tine was ok,only 8h40 min,break taked corretly.Just was 4 th 15h shift in one week.
Zac_A:
Andrejs, for future reference: if your last shift of the week had been only your third shift over 13 hours, and you were on your way back to base to do a full weekly rest, and the hold up in traffic in Luton was caused by an accident, you could have gotten away with that under the “exceptional circumstances” rule, where you can drive for one extra hour without having to have an extra break, or drive for an extra two hours as long as you have an extra 30 mins break immediately before the extra driving and you’d done a print out after the shift with a reasonable explanation.
Before anyone tells me this is BS, this change was brought in during August 2020, along with some other less useful changes.
As it is though, you’ll be a bit stuffed if stopped within the next 28 days
My driving tine was ok,only 8h40 min,break taked corretly.Just was 4 th 15h shift in one week.
Franglais:
Put in a link to a .gov early on, and youll save having to reply to BS accusations later. . . But youll get moans that your posts are full of links and references
Franglais:
Put in a link to a .gov early on, and youll save having to reply to BS accusations later. . . But youll get moans that your posts are full of links and references
Franglais:
Put in a link to a .gov early on, and youll save having to reply to BS accusations later. . . But youll get moans that your posts are full of links and references
