Tachograph Exemption

ASK THE EXPERTS SAFETY, LAW AND WORKING TIME DIRECTIVE FORUM (INTE
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Hi everyone, just want to put it out there for some comments. Is there such a thing as written ‘tachograph exemption’? As opposed to exemption by definition of the law?

We are a small marquee company who run with two over 3.5’s but not exceeding 7.5 fully loaded. We have an O licence for five. We generally run within 50km of the base and dont drive for more than 4hrs at any one time (rarely clock 2 hours). Our main business is the marquees and we use the vehicles to get the equipment to site, that is our main job.

Our problem is that on about six occasions in a year we do drive outside the 50km and fall under EU rulings. I want to do away with the tachos completely because they cause more of a safety issue by using them. In the fact that site leader has to stop all works to go off and change a mode switch, will often drive a van in the same day and that we drive for about 10% of our working day. My argument with VOSA is that from a safety point of view we are better to have one system of recording that everyone uses (we use a time sheet to record working hours). It cant be tachos because they dont allow for van driving or the other workers. We have a time sheet that covers it all, simple to understand and people never make mistakes filling it out. It gives a precise record and therefore we know everyone is working safetly.

Someone suggested the ‘showmans’ ruling but think that stretching it, although circus industry put up large marquees that people pay to enter, which is what we do in effect!

Someone also told me that scaffolding companies are exempt, but I wonder if this is exempt until they cross the 50km?

All comments appreciated. Thanks muchly

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atiganpasser:
We are a small marquee company who run with two over 3.5’s but not exceeding 7.5 fully loaded. We have an O licence for five. We generally run within 50km of the base

Goods vehicles do not come under the 50km exemption
561/ 2006 Article 3

This Regulation shall not apply to carriage by road by:

(a) vehicles used for the carriage of passengers on regular
services where the route covered by the service in
question does not exceed 50 kilometres;

The rest of article 3 does not seem to provide you with any EU regs exemption for the job you do

(b) vehicles with a maximum authorised speed not exceeding
40 kilometres per hour;

(c) vehicles owned or hired without a driver by the armed
services, civil defence services, fire services, and forces
responsible for maintaining public order when the
carriage is undertaken as a consequence of the tasks
assigned to these services and is under their control;

(d) vehicles, including vehicles used in the non-commercial
transport of humanitarian aid, used in emergencies or
rescue operations;

(e) specialised vehicles used for medical purposes;

(f) specialised breakdown vehicles operating within a
100 km radius of their base;

(g) vehicles undergoing road tests for technical development,
repair or maintenance purposes, and new or rebuilt
vehicles which have not yet been put into service;

(h) vehicles or combinations of vehicles with a maximum
permissible mass not exceeding 7,5 tonnes used for the
non-commercial carriage of goods;

(i) commercial vehicles, which have a historic status
according to the legislation of the Member State in
which they are being driven and which are used for the
non-commercial carriage of passengers or goods.

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To add to my last post …
It seems as though your company may be getting domestic regulations mixed up with EU regulations in regard to the 50km bit as in domestic regs it says - see page 25 of VOSA GUIDE TO REGS

To be on domestic regs requires there to be an exemption from the EU regs

4

ROG:

atiganpasser:
We are a small marquee company who run with two over 3.5’s but not exceeding 7.5 fully loaded. We have an O licence for five. We generally run within 50km of the base

Goods vehicles do not come under the 50km exemption
561/ 2006 Article 3

Not correct, there are two 50km exemptions for goods vehicles in the UK.

Vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7.5 tonnes that are used for carrying materials, equipment or machinery, These vehicles shall be used only within a 50 km radius of the base of the undertaking and on the condition that driving the vehicle does not constitute the driver’s main activity.

and

Vehicles used for the carriage of goods within a 50 km radius from the base of the undertaking and propelled by means of natural or liquefied gas or electricity, the maximum permissible mass of which, including the mass of a trailer or semi-trailer, does not exceed 7.5 tonnes.

The first one of those will be why the OP only comes under tacho rules a few times a year when they go outside the 50km radius of their base, within 50km they would be exempt because of that derogation.

5

atiganpasser:
Hi everyone, just want to put it out there for some comments. Is there such a thing as written ‘tachograph exemption’? As opposed to exemption by definition of the law?

We are a small marquee company who run with two over 3.5’s but not exceeding 7.5 fully loaded. We have an O licence for five. We generally run within 50km of the base and dont drive for more than 4hrs at any one time (rarely clock 2 hours). Our main business is the marquees and we use the vehicles to get the equipment to site, that is our main job.

Our problem is that on about six occasions in a year we do drive outside the 50km and fall under EU rulings. I want to do away with the tachos completely because they cause more of a safety issue by using them. In the fact that site leader has to stop all works to go off and change a mode switch, will often drive a van in the same day and that we drive for about 10% of our working day. My argument with VOSA is that from a safety point of view we are better to have one system of recording that everyone uses (we use a time sheet to record working hours). It cant be tachos because they dont allow for van driving or the other workers. We have a time sheet that covers it all, simple to understand and people never make mistakes filling it out. It gives a precise record and therefore we know everyone is working safetly.

I don’t see any exemption for you once you operate further than a 50km radius of your base and to be honest you just seem to be looking for an exemption because it’s a bit inconvenient for you. Some of the things you claim as a problem don’t seem much really. Van driving is other work as far as the tacho rules go, so on a day when he has to use a tacho for the 7.5t he can easily record the van driving as other work by a manual entry.

Why does he have to stop all work to go and change the mode switch? If it is on other work while he is erecting the tent then he would only need to change it when a break was taken, and surely work stops for a break anyway?

You say you want everyone filling in timesheets but there is nothing to stop the 7.5t driver using a tacho and a timesheet on the same day, something just about every LGV driver does anyway. That way you have everyone using timesheets for your records and safety, although I am struggling to see how a timesheet makes things safer, and the use of tacho records keep VOSA happy.

atiganpasser:
Someone suggested the ‘showmans’ ruling but think that stretching it, although circus industry put up large marquees that people pay to enter, which is what we do in effect!

That exemption is for -

Specialised vehicles transporting circus and funfair equipment

so that wouldn’t apply to your circumstances.

atiganpasser:
Someone also told me that scaffolding companies are exempt, but I wonder if this is exempt until they cross the 50km?

That will be the same derogation I mentioned in the post above this one and covers you within a 50km radius of base.

6

:open_mouth: Just when you thought it was safe to come back in this forum…

Coffeeholic:

ROG:
…some writing…

Not correct, …

Is it just me, or does anybody else have a feeling of deja vu :question:

7

dieseldave:
:shock: Just when you thought it was safe to come back in this forum…

Coffeeholic:

ROG:
…some writing…

Not correct, …

Is it just me, or does anybody else have a feeling of deja vu :question:

Not just this thread. :unamused: :unamused:

8

Thank you Neil.

I have just found those in article 13 of 561/2006 and on page 11 of GV262-02

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Hi everyone. Thankyou for taking the time to post, shame I have yet again posted on a forum where the members have some kind of childish issue with another member posting their comments. Coffeholic, (rhetorically) do you really think Id be asking about tachograph exemption and wasting my time covering every angle if they are merely an “inconvenience”. I kinda hoped for some lateral thinking!

Thanks anyhow.