I came across thsi site a long time ago and really enjoyed all the posts (Popeyes were brillant !!) and now decided to get stuck in.
I drive a 7.5 tonner for for a group who supply and rig lighting, PA and audio visual kit, None of us are paid as we do this as volunteers to help out local groups who want to put on an event but have good sound and lighting. I get back the cost the of hiring the truck but nothing else. I do it for the pleasure of driving it.
Any way the point is do I need to use a tacho. I usually do and legally I think I don’t have to, but what do you guys think.
If it is your equipment & no money other than cost of vehicle hire changes hands then no, but if you charge for the use of the equipment then you need an O Licence as the vehicle is being used as part of a buisness, even if no charge for the vehicle is involved.
Swallow Hotels use to run free trips as part of thier buisness, the resulting court case defined hire & reward as anything which effects the profit of the buisness. i.e. would you earn more or less if you did not use the vehicle, would the event take place if you did not transwport the goods etc.
Any comercial use of a vehicle over 3.5 tons without a O Licence would involve a heavy fine & the inpounding of the vehicle.
No charge is made for any of the kit we use or any of our time putting it up, running it during a performance and removing it.
So if I don’t need to use a tacho and I do use one, can I then be prosecuted for hours or speeding offences.
Reason I use one is because a hire company tried to stitch me up claiming I had been in an accident with one of their trucks. I think it was some one claiming I had hit a parked car. When they asked me to prove it wasn’t me they I showed them the charts I had from that hire, which showed the vehicle wasn’t moving at the time I supposedly hit the car and that I couldn’t have been in that area as I was in Perth, not Glasgow !!
No charge is made for any of the kit we use or any of our time putting it up, running it during a performance and removing it.
So if I don’t need to use a tacho and I do use one, can I then be prosecuted for hours or speeding offences.
Reason I use one is because a hire company tried to stitch me up claiming I had been in an accident with one of their trucks. I think it was some one claiming I had hit a parked car. When they asked me to prove it wasn’t me they I showed them the charts I had from that hire, which showed the vehicle wasn’t moving at the time I supposedly hit the car and that I couldn’t have been in that area as I was in Perth, not Glasgow !!
one thing i always make sure about hire vehicles is never just drop the vehicle back outside due to them phoning up saying oh we need the vehicle back for the morning so that knowing when u drop it off they are closed make sure that you drop it off when the office is open and that you sign to say that you have handed back the vehicle at ■■■ time on ■■■ day etc
Have had a few try this with me and they politly got told to insert said words where sunshine is a rare commodity
A tacho is not used in prosecutions for speeding ( normally, but in the event of an accident could be used for or against you,) & as you are exempt E U driving hours law & are using the tacho mearly for your own records, the normal tacho rules do not apply.
As you have found tacho can also be our best friend.