OUt of scope and rules?

ASK THE EXPERTS SAFETY, LAW AND WORKING TIME DIRECTIVE FORUM (INTE
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If the truck never leaves private land and you do not drive another truck that does go on the public highway then you are not under EU or domestic regulations

no digicard required as it does not come under any regs for such

Company policy might dictate otherwise but not the law

If company policy is to use a digi then select - out of scope

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Thanks Rog… so any infringements I get on the digi card is null/void as I am prove I am on private land/out of scope (as I believe I may have clocked up a few)

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leo.saphira:
Can any folk tell me what I should be really doing? (this is not covered under the DCPC as it doesn’t affect 99.5% of the workforce where I am)

BUt I am one of the lucky ones in the other 0.5% lol

Where I am I drive a skip truck, don’t go onto the public highway on my shift at all, but my employer has said I need to comply with EU Tacho rules so the tachograph/digi is used (as the truck goes on the road during the day time to run skips off to the local tip)

Am I right in thinking that I don’t need to use a digi on my shift (out of scope?) or must the digi be used to comply and show for the mileage of that shift (roughy 20km a night)? Or do I go under Domestic rules or something?

Thanks

If you don’t drive on public roads you don’t need to comply with the EU regulations or the domestic regulations so don’t need to use a tachograph.

If your boss insists on the tachograph being used put it out of scope.

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leo.saphira:
Thanks Rog… so any infringements I get on the digi card is null/void as I am prove I am on private land/out of scope (as I believe I may have clocked up a few)

I wouldn’t bet money on that, if you got stopped on a public road you could have some explaining to do if you’ve got a load of infringements :open_mouth:

Apart from anything else if you was to go for another job and a prospective employer saw a lot of infringements I doubt they would be very interested in how they got onto your card.

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tachograph:
If you don’t drive on public roads you don’t need to comply with the EU regulations or the domestic regulations so don’t need to use a tachograph.

If your boss insists on the tachograph being used put it out of scope.

Thanks Tachograph… while being out of scope, do I come under the WTD and having to have 9/11hrs rest or not? (this part of the question being I may have to jump into a truck on next shift or during part way of the shift?)

Cheers

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tachograph:

leo.saphira:
Thanks Rog… so any infringements I get on the digi card is null/void as I am prove I am on private land/out of scope (as I believe I may have clocked up a few)

I wouldn’t bet money on that, if you got stopped on a public road you could have some explaining to do if you’ve got a load of infringements :open_mouth:

Apart from anything else if you was to go for another job and a prospective employer saw a lot of infringements I doubt they would be very interested in how they got onto your card.

I think I got 2-3 for WTD Breaks on 6:15 hrs (busy periods when you simply can’t stop) in all I only do 3 hrs of “driving” in all each shift

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leo.saphira:

tachograph:
If you don’t drive on public roads you don’t need to comply with the EU regulations or the domestic regulations so don’t need to use a tachograph.

If your boss insists on the tachograph being used put it out of scope.

Thanks Tachograph… while being out of scope, do I come under the WTD and having to have 9/11hrs rest or not? (this part of the question being I may have to jump into a truck on next shift or during part way of the shift?)

Cheers

If you never drive on public roads you can forget the daily rest requirements as they don’t apply to you.

Also If you never go onto public roads you’re not classed as a mobile worker, so you would come under the general working time regulations not the RT(WT)R 2005.

However if by “I may have to jump into a truck on next shift or during part way of the shift” you mean you sometimes drive on public roads, then on days that you drive to EU regulations you should comply with the daily rest period requirement, and in any week that you drive to EU regulations at any time you should comply with the weekly rest requirement.
But if you literally never drive on public roads none of the EU or domestic regulations apply to you (lucky bugger :laughing: )

leo.saphira:
I think I got 2-3 for WTD Breaks on 6:15 hrs (busy periods when you simply can’t stop) in all I only do 3 hrs of “driving” in all each shift

That’s not too serious, nothing to loose sleep over :wink:

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There are only two “CONDITIONS” available on a Digital Unit

Ferry/Train Crossing

Out of Scope

You cannot be “out of scope” if you do not have a driver card in the head. You put in your card as normal, you then select Out of Scope and it stays on that condition until you withdraw your card at the end of the shift.

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Wheel Nut:
You cannot be “out of scope” if you do not have a driver card in the head.

Are you sure about that ?

I’ve never tried it but I thought you could put the vehicle out of scope without using a card.

I could be wrong though :wink:

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tachograph:

Wheel Nut:
You cannot be “out of scope” if you do not have a driver card in the head.

Are you sure about that ?

I’ve never tried it but I thought you could put the vehicle out of scope without using a card.

I could be wrong though :wink:

Out of Scope is used wrongly in many conversations I have heard, let us look at the official regulation.

Entry of specific conditions
The recording equipment shall allow the driver to enter, in real time, the
following two specific conditions:

‘OUT OF SCOPE’ (begin, end)

‘FERRY/TRAIN CROSSING’
A ‘FERRY/TRAIN CROSSING’ may not occur if an ‘OUT OF SCOPE’ condition is opened.

An opened ‘OUT OF SCOPE’ condition must be automatically closed, by the
recording equipment, if a driver card is inserted or withdrawn.