I would welcome the panels observations on the following.
Following the Skills case the legislation regarding taking/relinquishing control and normal place of work / home has become well entrenched.
However, what does not seem quite so clear cut is who it applies to. My conundrum is relating to Coach positioning journeys.
For example can a fitter, who never ever drives with passengers on board, deliver / recover an empty coach say to / from a destination 2 hours from base AND be Out of Scope of regulation. The LeaseEurope case seems relevant but does not specifically include this group of drivers nor does the Clarification Note in EU regs.
Any observations?
Just to take it one stage further. If the answer to the above is that said fitter would be OOS, would this still be the case if he did transport passengers BUT only under Domestic regs?
Maigret:
I would welcome the panels observations on the following.
Following the Skills case the legislation regarding taking/relinquishing control and normal place of work / home has become well entrenched.
However, what does not seem quite so clear cut is who it applies to. My conundrum is relating to Coach positioning journeys.
For example can a fitter, who never ever drives with passengers on board, deliver / recover an empty coach say to / from a destination 2 hours from base AND be Out of Scope of regulation. The LeaseEurope case seems relevant but does not specifically include this group of drivers nor does the Clarification Note in EU regs.
Any observations?
Just to take it one stage further. If the answer to the above is that said fitter would be OOS, would this still be the case if he did transport passengers BUT only under Domestic regs?
Maybe I might be missing a detail in your question, but 561/2006 Article 4 (a) and (b) seems to me to cover what you’re asking.
That’s probably the starting point anyway. 