Which set of rules do I follow if I drive a 7.5 tonne for a short time in the morning then for the rest of the day I’m in a 3.5 tonne van?
I had a shift that was meant to be in a 7.5 but it needed to go into the garage for repairs and this has happened a few times.
I should be keeping a record and or doing manual entry to cover the time but I need to show a break after 6 hours etc etc under the WTD.
As far as I can tell there’s no rules on breaks for 3.5 tonne van drivers which follow the GB domestic regs, just that you dont work for more than 11 hours.
The company are busy and I don’t mind working without a break as long as I’m paid for it but If i legally have to show break time and it’ll be deducted from my pay I’ll be taking them.
Also, if I’m in a 7.5 tonne, can I legally go through a 7.5 MGW tonne weight restriction? I’m assuming the limit means vehicles up to and including 7.5 tonnes can go through.
Thanks in advance for any help. As you can tell, I’m new and just trying to stay legal!
Which set of rules do I follow if I drive a 7.5 tonne for a short time in the morning then for the rest of the day I’m in a 3.5 tonne van?
EU/tacho regs but keep record book for van uk domestic regs so that a full record of your shift is available
Should I be keeping a record and or doing manual entry to cover the time but I need to show a break after 6 hours etc etc under the WTD.
Yes - as above
Also, if I’m in a 7.5 tonne, can I legally go through a 7.5 MGW tonne weight restriction? I’m assuming the limit means vehicles up to and including 7.5 tonnes can go through.
Yes you can - it is vehicles OVER 7.5
As far as I can tell there’s no rules on breaks for 3.5 tonne van drivers which follow the GB domestic regs, just that you dont work for more than 11 hours.
Correct - any 11 hours work with max 10 driving in ANY 24 hours
When doing manual entries and entering breaks that conform to WTD, it does become significantly more complicated and if you are doing this every day, mistakes could possibly occur.
This is when it seems appropriate to use the question mark mode when doing the manual entry, which means unknown time. Effectively you are not committing to the time being anything, and effectively declaring that you are keeping a written record of that time rather than a digital one.
In terms of the DVSA, they would be interested in what time you have been finishing and starting your shifts. Bear in mind though that, if stopped, if you present a diary with your start / finish times, they might insist on entering that information into a system to determine if your rests have been adequate.
Theoretically your employer should know your start and finish times and also know that you are taking at least the appropriate breaks throughout the day to satisfy WTD.
So effectively any day I drive both a 3.5 tonne and a larger vehicle with a taco I’d have to follow both the WTD for HGV drivers and also the GB domestic regs for van drivers? The 7.5 i was meant to be driving kept needing to go to the garage every morning so I was driving it for about 20 minutes then doing the rest of the day in a small van which i guess means that on an 11 hour day I’ll need to show 45mins break to satify the WTD, where as if i didn’t drive the 7.5 tonne earlier I could have worked right through?
Thanks for the info on the question mark symbol. I’d sometimes be working 20 hr shifts at the job i did before this but I wouldn’t want to put down 20 hrs ‘other work’ on my card. I’m assuming any working time which isn’t subject the the WTD/EU driving rules should always be recorded in a written diary and the question mark symbol used in its place for the taco manual entry.
The taco in the 7.5 I was in must be ancient as it records rest periods as a question mark actually.
Started driving class 2s at the start of this month and found TMs, agencies and ‘higher uppers’ to be no help but other drivers have all been great.
If you do both EU and domestic in the same shift then you are under EU regs for all of that shift
Driving the van counts as other work for EU regs
If your company bothers with WTD then observe those regs for the whole shift
If you drive in scope at all the whole shift is EU regs as ROG says. The only time the 11 hours would come into play is if you only drive 3.5 tonne the whole day.
Also, in any week in which you drive in scope, ANY work you do needs to be recorded for the purposes of the EU regs. That is why I was emphasising your start and finish times, because these tell the DVSA you have had appropriate rest each day and also weekly rest.
You can do manual entries putting breaks, finish times and everything into the tachograph the next morning. I was just suggesting an approach that makes life a bit easier. As long as your employer is okay with whatever method you decide, it will be fine.
Correct me if I’m wrong, but if one drives a vehicle with tachograph (7.5tonne) then you fall into EU regs, but once you switch to a vehicle under 3.5tonne then that’s considered as Other work or POA?
I heard there were many tears when companies would push drivers hours (driver1) to the MAX and then sending van with a spare driver (driver2) to exchange and drive van back (driver1) to base under POA while (driver2) continues work.
Vans (under 3.5t) don’t follow EU regs for now they are considered as POA, well at least that’s what I have learnt doing my CPC.
MrWhiteGlasses:
Correct me if I’m wrong, but if one drives a vehicle with tachograph (7.5tonne) then you fall into EU regs, but once you switch to a vehicle under 3.5tonne then that’s considered as Other work or POA?
I heard there were many tears when companies would push drivers hours (driver1) to the MAX and then sending van with a spare driver (driver2) to exchange and drive van back (driver1) to base under POA while (driver2) continues work.
Vans (under 3.5t) don’t follow EU regs for now they are considered as POA, well at least that’s what I have learnt doing my CPC.
Sent from my LYA-L09 using Tapatalk
Driving a van is other work for the eu regs not poa = 100% fact
Having a tacho doesnt automatically mean EU rules depends what you are driving, and how far. Council bin lorries (class C even) can be domestic if doing home colections, but the same lorry becomes EU rules if it collects rubbish from a business! Fire engines are exempt !
Once you do some time under EU regs then your on it for the next two weeks regardless! Enjoy
Noremac:
If you drive in scope at all the whole shift is EU regs as ROG says. The only time the 11 hours would come into play is if you only drive 3.5 tonne the whole day.
So you could technically do a 15 hour day in a van as long as you’ve driven a lorry at some point in the shift and taken the relevant WTD/EU breaks?
spacemanZ10:
Once you do some time under EU regs then your on it for the next two weeks regardless! Enjoy
Before everything was shut down I used to do event crew work where I could be starting as early as 6am and finishing as late as 2am the following morning. Does that mean I couldn’t do that kind of work if I’ve been driving a lorry within 2 weeks?
spacemanZ10:
Once you do some time under EU regs then your on it for the next two weeks regardless! Enjoy
Before everything was shut down I used to do event crew work where I could be starting as early as 6am and finishing as late as 2am the following morning. Does that mean I couldn’t do that kind of work if I’ve been driving a lorry within 2 weeks?
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Probably not as you would need the correct daily rest, but someone better than me can confirm this.
RC88:
So you could technically do a 15 hour day in a van as long as you’ve driven a lorry at some point in the shift and taken the relevant WTD/EU breaks?
It seems that way yes. I don’t make up the rules by the way! Although from what I have seen, van drivers seem to do what they please anyway, with a lack of recording equipment in less than 3.5 tonne. I think I have broken the rules before put it that way, but always just doing what has been requested of me.
I will pass on the other question. I didn’t mention two weeks. The issue is keeping a record and staying compliant with daily and weekly rest. I am not an expert, just trying to help out where I can.