New email from vosa arrived regarding a change in interpretation of the regulations for drivers working in gas, water, electricity and other utility companies.
So a water/gas company now needs drivers in scope to connect up services to a new housing development, but a week later if there is a leak, the same vehicle and crew can go back and fix it as out-of-scope driving. Rather a logistical nightmare.
Although DVSA has just published the guidance, their interpretation of the legislation hasn’t changed since the Regulation was published in 2006 and enacted in 2007.
It’s not a major problem to sort out that if crews are doing ‘new installations’ then they have to run on EU hours. If they are repairing existing networks then they can run on GB Domestic Hours. Nothing to stop them swapping between the two sets of legislation during a week or even on the same day. Just needs a bit of careful management.
They’ve also published guidance on the transport of material unfit for human consumption and mechanics taking vehicles for test.
A geebee45 said nothing has really changed, this has been VOSA’s booklet GV262 for years.
Page 16 - Rules on Drivers Hours and Tachographs
It is our view that vehicles used in connection with sewerage, flood protection, water, gas and electricity services must be involved
in the maintenance of an existing service (rather than the construction of a new service) to claim the concession.
I have met quite a few ‘utilities’ companies who operate upto 8 wheel tipper/grab vehicles and don’t use tachos as they say they are exempt.
When I ask further questions about the actual work they do there is no way they are exempt ALL the time but it seems they are rarely stopped and get away with it.
I had the wonderful job of delivering Tacho Trainung to them forDCPC and they had less than no interest and would not have it they weren’t always exempt.
I have since emailed the above moving on link to the manager - no reply and I doubt they’ll change
Also had a driver in today drives a ‘volumetric’ cement wagon. 8 wheeler and no records kept at all. Also occasionally drives a conventional cement mixer for which he uses a Tacho but has no records with him for the volumetric driving … They have dozens of drivers all doing this and have been for years - how do they not get caught !!!
Strikes me DVSA target the wrong (and easier) vehicles.
Our firm has volumetric mixer, which they tell us we don’t require tacho on them even thought 2 of us drive tippers permanently and just help out when they are short. We ended up refusing in the end to drive them, the tacho aren’t calibrated and we are ‘in scope’. The FTA position on it is that a manual entry is sufficient on the back of a tacho.
AFAIK a volumetric mixer is classed as mobile plant. Therefore no tacho required and, I believe, not even a class 2 license.
Jjtransport:
Our firm has volumetric mixer, which they tell us we don’t require tacho on them even thought 2 of us drive tippers permanently and just help out when they are short. We ended up refusing in the end to drive them, the tacho aren’t calibrated and we are ‘in scope’. The FTA position on it is that a manual entry is sufficient on the back of a tacho.
volumetric mixers are exempt as they are classed as plant, no tacho required 
the reason being is that until its mixed and leaves the machine it doesn’t become a product, if you get what I mean.
where as a normal mixer already has the product on board e.g. already mixed
wildfire:
Jjtransport:
Our firm has volumetric mixer, which they tell us we don’t require tacho on them even thought 2 of us drive tippers permanently and just help out when they are short. We ended up refusing in the end to drive them, the tacho aren’t calibrated and we are ‘in scope’. The FTA position on it is that a manual entry is sufficient on the back of a tacho.volumetric mixers are exempt as they are classed as plant, no tacho required
the reason being is that until its mixed and leaves the machine it doesn’t become a product, if you get what I mean.
where as a normal mixer already has the product on board e.g. already mixed
Also exempt from weight regs I hear, 8W at 40T gross .
Anyone confirm ?
Jim
JFC999:
wildfire:
Jjtransport:
Our firm has volumetric mixer, which they tell us we don’t require tacho on them even thought 2 of us drive tippers permanently and just help out when they are short. We ended up refusing in the end to drive them, the tacho aren’t calibrated and we are ‘in scope’. The FTA position on it is that a manual entry is sufficient on the back of a tacho.volumetric mixers are exempt as they are classed as plant, no tacho required
the reason being is that until its mixed and leaves the machine it doesn’t become a product, if you get what I mean.
where as a normal mixer already has the product on board e.g. already mixedAlso exempt from weight regs I hear, 8W at 40T gross .
Anyone confirm ?
Jim
yes the ones we use are Renault running up to the design weight of 42 tons 