Hi, I’m currently doing a job delivering new trucks on trade plates from either the dealers or body workshops.
I’ve read up on the laws of exemption from tacho regs and it’s brought up a grey area in my view. In the regs it’s states "Vehicles undergoing road tests for technical development, repair or maintenance purposes, and new or rebuilt vehicles which have not yet been put into service.
So first question is this? What is defined as a new vehicle that has not been put into service■■?
Currently I’m picking up vehicles that are not even registered, no tax, no number plate so I’m pretty sure they are classed as new and not in use. But I also pick up brand spanking new vehicles which have number plates on them. They are that brand new that they usually have only about 20km on them and we (as stated) drive them to and from dealer to buyer.
So would I be exempt on the latter type vehicle, or would I have to use my tacho, keep all the records for previous and other work.
Second question is…
Also every now and again I do pick up vehicles that have been used and we either take them to the auctions for sale/export or repair places (maybe this is two questions in one), so do I have to also use tacho regs on either of these occasions. If they are going to the auction they are not being used commercially, carrying passengers, loads etc…
And repair… Speaks for itself.
As stated I am using trade plates doing this, and just want more clarification on this subject as I don’t want to be pulled and have the book thrown at me.
As far as i’m aware the journey in the new uncommisioned truck is exempt from current tachoraph legislation.
Article 3
This Regulation shall not apply to carriage by road by:
(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;
The journey in the used truck does come under legislation.
Yeah that’s what I think, I’ve also heard that the vehicle is still “new” and unused, so technically I wouldn’t have to use the tacho. Also through searching the web I’ve also seen people put stuff like “if the vehicle has a number plate on it, then the trade plate should go over the number plate or the number plates should be covered up”.
And also the tachograph in the vehicle may not have been calibrated on the vehicle so I shouldn’t use it.
I think I’ll take a gamble on the new one’s whether they have number plates or not…
But I’ll keep all records of other work and driving incase I get stopped so at least I’m showing that to the best of my ability I’m sticking to the rules/regs.
The vehicles going for repair I suppose I could class them as the same as it does state “Vehicles under going road tests for technical development, development, repair or maintenance purposes,”
The old vehicles then yeah I’ll have to use a tacho…
Right and not to go off topic this would present me with another dilemma.
I pick the old vehicles up once in a blue moon, so if I pick up an old vehicle use the tacho I’ll come under the hgv WTD regs, so If I pick up one old vehicle during that working week, does that mean I’m bound to having a 45hr weekly un interrupted break, and if I break that then I could be done for breaking it etc… Or… Do I come under the “occasional driver bracket”…
Reason I ask all this is because I mainly pick up vans or the new trucks, and then do “other work” in between when their is no work on with these vehicles.
Tezzler:
Right and not to go off topic this would present me with another dilemma.
I pick the old vehicles up once in a blue moon, so if I pick up an old vehicle use the tacho I’ll come under the hgv WTD regs, so If I pick up one old vehicle during that working week, does that mean I’m bound to having a 45hr weekly un interrupted break, and if I break that then I could be done for breaking it etc… Or… Do I come under the “occasional driver bracket”…
Reason I ask all this is because I mainly pick up vans or the new trucks, and then do “other work” in between when their is no work on with these vehicles.
So where would I stand with that■■?
Good question, i’m not sure about the ‘occasional driver’ part. As far as i know all your driving will qualify you for the RT WTD even the domestic hours. I’ll leave it someone else who knows about the weekly rests to see where you’d stand over them.My thoughts are it would only be an issue if you end up on EU regs in consecutive weeks?
If you come under the EU regulations at any-time during the fixed weed you should comply with the weekly rest periods for that week, you should also comply with the daily rest period on days that you drive to EU regulations.
In weeks that you do some driving to EU regulations you’re not necessarily bound to have a full 45 hour weekly rest period, if your working pattern qualifies for a reduced weekly rest period you could have as little as 24 hours.
By the way that’s not a WTD regulation, it comes under the drivers hours regulations
They do not cover insurance, they do not cover bald tyres, broken chassis or missing parts, they do not need to be used to take a vehicle for a prebooked MOT.
A trade licence gives no exemption itself from drivers’ hours and tachograph rules or
from LGV driver licensing requirements; however the vehicle being driven could come within
a general exemption contained within these rules according to the type of vehicle and its use
at the time.
Yeah kinda lot of grey area’s depending on what, where and when the vehicle I’m driving is going out to somewhere and for. Each one could be completely different, for instance what I’ve done today is take a brand new vehicle, no reg (exempt), then picked up next vehicle 7.5t used, but was going to a commercial fitters for complete strip rebuild/repair (exempt also in my opinion because I’m taking it for that specific reason, it was road legal by the way lol).
Just going to do by best to keep records of everything and judge it on each job.
