This will keep you busy
DRIVERS' HOURS
Drivers' hours of work are governed by the European Community Council Regulations 3820/85 which covers working hours, etc, and 3821/85 covering the fitting and use of recording equipment (tachographs), and apply to drivers operating within or between Member States of the EC. (The European Community became the European Union (EU) in 1994 but in the text the regulations are still prefixed EC or EEC unless otherwise shown.)<
British law, in the form of the Transport Act 1968, Part VI, as modified, applies to drivers of goods vehicles exempt from the requirements of EU law unless the operations are such that some other exemption applies.
Drivers operating to countries which are a party to the European agreement on international road transport (AETR) must observe the same rules as apply to EU Member States.
Where journeys are made to other countries in Europe outside the EU or AETR, drivers should observe the domestic laws of the countries concerned.
The regulations affect in some form or another drivers of all vehicles used for carrying goods (with certain exceptions) and are basically in three separate parts.
1.The "Community Regulated" operations concern drivers of goods vehicles exceeding 3.5t maximum permissible weight (including the weight of any trailer drawn) engaged on commercial journeys in or between Member States of the EU (see "Community Regulated" Operations below), and also to member countries of the AETR (see AETR in "Community Regulated" Operations below, for list of countries).
2. "British Domestic" operations concern drivers of vehicles exempt from EU regulations, including those not exceeding 3.5t maximum permitted weight, certain specialised vehicles and vehicles used by public authorities. Certain vehicles operated by public authorities may be subject to Community law depending on the type of work in which they are engaged (see British Domestic Operations later in this section).
3. Mixed driving, ie where drivers change from Community regulated to domestic driving and vice-versa (see Mixed Driving later in this section).
Complete exemption from the regulations apply to drivers of:
vehicles used by the armed forces, police and fire
brigades (other Crown vehicles are not exempt)
vehicles driven completely off the public road system
private driving, ie not connected with a job or earning a living.
DEFINITION OF DRIVER
"Driver" means anyone who drives a vehicle either regularly or occasionally or is carried on the vehicle in order to be available for driving, if necessary; part-time drivers such as maintenance staff and technicians or employees who have to use a goods vehicle as a means of transporting themselves and equipment or carrying out errands in the course of the owner's business.
OFFENCES
Contravention of the drivers' hours regulations render the driver and his employer liable to a penalty of up to £2500 and can also jeopardise the employers' operator's licence and the driver's licence.
PROHIBITION OF CERTAIN TYPES OF PAYMENT
Payments to crew members in the form of bonuses, etc, for distance travelled and/or the amount of goods carried is prohibited if they endanger road safety.
"COMMUNITY REGULATED" OPERATIONS
EC Regulation 3820/85 applies to drivers of vehicles exceeding 3.5t permissible maximum weight (including the weight of any trailer drawn) used for the carriage of goods on a road open to the public, whether laden or unladen, within the UK or when on a journey, to, from or within, other Member States of the European Union, ie as follows.
Austria
Belgium
Cyprus
Czech Republic
Denmark
Eire
Estonia
Finland
France
Germany
Greece
Hungary
Italy
Latvia
Lithuania
Luxembourg
Malta
The Netherlands
Poland
Portugal
Slovakia
Slovenia
Spain
Sweden
Daily Driving Period
This is a maximum of 9 hours which may be extended to 10 hours not more than twice a week.
The "daily driving period" is referred to as being the period spent at the wheel of the vehicle between any two daily rest periods or between a daily and a weekly rest period.
Weekly Driving
Weekly driving is governed by the requirement that a driver must, after no more than six daily driving periods, take a weekly rest period. This weekly rest period can be postponed until the end of the sixth day if the total driving time over the six days does not exceed the maximum corresponding to six daily driving periods.
In the case of Kelly v Schulman (1988) it was held that a driver may, after 6 driving periods (separated by daily rest periods) provided he has not exceeded the maximum permitted weekly driving hours, postpone commencement of his weekly rest period until the end of the sixth day. He may continue to drive during the period of postponement up to his maximum permitted weekly driving hours (see next section).
Total Fortnightly Driving
Over a fortnight, a driver must not exceed driving periods totalling 90 hours maximum.
Note: A driver can drive up to a total of 56 hours in one week but is restricted to 34 hours in another so that over the two consecutive weeks the limit of 90 hours is not exceeded.
Driving Time
A driver may drive for a total of 4½ hours (which can be either continuous or accumulated) after which a break must be taken.
Breaks from Driving
After a total of 4½ hours driving a minimum break of at least 45 minutes must be taken unless the driver begins a rest period. This break can be split into shorter periods which must be of at least 15 minutes duration to qualify as a break so that when spread over the driving period or immediately following it the aggregate is at least 45 minutes.
Following a ruling given by the European Court of Justice on the interpretation of the 4½ hour driving rule if a driver has taken a break of 45 minutes, either as a single break of 45 minutes or as several breaks of a least 15 minutes during or at the end of the 4½ hour period, the calculation should begin afresh, without taking into account the driving time and breaks previously completed.
The Court has also ruled that the calculation of the driving period begins at the moment when the driver sets in motion the tachograph and begins driving.
In a case before Manchester Crown Court Judge Simon Fawcus has ruled that when a driver takes more than the statutory minimum break of 45 minutes after the first period of 4½ hours driving any excess over the 45 minutes cannot count as part of the break for the next 4½ hour driving period.
During a break the driver may not carry out any other work. However, for this purpose waiting time and time not devoted to driving spent in a vehicle in motion, a ferry, or a train is not to be regarded as "other work".
Daily Rest Period
In each period of 24 hours a driver must have a daily rest of at least 11 consecutive hours which may be reduced to not less than 9 consecutive hours on three days a week. Any reduction in the daily rest must be made up before the end of the following week. However, on days when the daily rest period is not reduced a driver is allowed to split his 11 hours into two or three separate periods (minimum one hour) during the 24 hours, one period of which must be of at least 8 consecutive hours duration (this 8 hour period must be the last period of rest thus separating one working day from the next). When the daily rest is split in this manner the minimum length of the daily rest must be increased to 12 hours.
Examples of this split daily rest could be:
1 + 3 + 8
2 + 2 + 8
4 + 8 or 1 + 2 + 9
1 + 1 + 10
3 + 9
etc.
Where a vehicle is double manned each driver must have a rest period of not less than 8 consecutive hours during each period of 30 hours.
Daily rest periods may be taken in the vehicle provided it is fitted with a bunk and the vehicle is stationary.
Note: Where journeys involve the use of ferries or trains drivers may interrupt their daily rest period, not more than once, provided they comply with the following conditions, ie:
(a) that part of the daily rest period spent on land may be taken before or after that part of the daily rest period taken on board the ferry or train
(b) the period between the two parts must be as short as possible and must not exceed one hour before embarkation or after disembarkation
(c) drivers must have access to a bunk or couchette during both parts of the rest period
(d) where the daily rest period is interrupted in this way it must be increased by two hours
(e) when time spent on board a ferry or train is not counted as part of the daily rest period it will instead be regarded as a break see Breaks from Driving above.
Weekly Rest Period
During each week a daily rest period must be extended into a weekly rest period totalling 45 consecutive hours, however this may be reduced to 36 consecutive hours if taken where the vehicle or driver is normally based, or to a minimum of 24 consecutive hours if taken elsewhere. Any reduction in the rest period must be made good by the driver taking an equivalent rest en bloc before the end of the third week following the week in question.
A weekly rest period beginning in one week and continuing into the next can be attached to either week.
Any compensatory rest taken for the reduced daily and/or weekly rest periods must be attached to another rest period of at least 8 hours and be granted at the request of the driver, at the vehicle's parking place or driver's base.
The definition of a week is the period between 0000 Monday to 2400 Sunday.
Emergencies
Article 12 of the regulations allows a driver, provided that road safety is not jeopardised, to depart from the driving restrictions to enable him to reach a suitable stopping place to ensure the safety of persons, of the vehicle or of its load. In these circumstances the reason must be recorded on the tachograph chart. (For details of the tachograph regulations see Drivers' Hours of Work Records.)
Periodic Checks
Article 15 requires operators to organise work in such a way that drivers do not infringe either the hours or tachograph regulations. It further requires operators to make periodic checks to ensure that the rules have been complied with. If breaches are found steps must be taken to prevent their repetition.
Note: Operators will already be aware of their obligations to the drivers' hours and record keeping rules as this commitment would already have been made to the traffic commissioner at the time of their application for an operator's licence.
Roadside Checks
Under s.22 of the Transport Act 2000 any driver found during a roadside check by police or VI vehicle examiners, to have breached the hours' rules, eg by not having taken a statutory break, will be prohibited from further driving until the break has been taken. Similarly, if the daily or weekly rest periods have not been observed the driver will have to park his vehicle until he has satisfied the statutory requirements.
Exemptions
The following are exempt from EU regulations. In addition, vehicles and activities listed under items 1326 are exempt from EU regulations when operating within the UK.
1. Goods vehicles not exceeding 3.5t maximum permissible weight (including any trailer or semi-trailer). See also Note 1 in item 1 of Exempted Vehicles in Drivers' Hours of Work Records. Exempted vehicles are subject to UK domestic regulations (see British Domestic Operations later in this section) unless they are covered by some other exemption.
2. Vehicles used for the carriage of passengers constructed or equipped to carry not more than 9 persons including the driver.
3. Vehicles having a maximum authorised speed not exceeding 30kph.
4. Vehicles used by or under the control of the armed services, civil defence, fire services, and forces responsible for maintaining public order.
5. Vehicles used in connection with sewerage, flood protection, water, gas and electricity services, highway maintenance and control, refuse collection and disposal, telegraph and telephone services, carriage of postal articles (but see Note 2 below), radio and television broadcasting and the detection of radio or television transmitters or receivers.
Note:
1. Vehicles used by local authorities not covered by this or any of the other exemptions below and which are in competition with professional road hauliers need to be fitted with a tachograph which the driver will have to use when operating under EC regulations 3820/85 and 3821/85 (for information on the tachograph see Drivers' Hours of Work Records).
2. In the case of refuse collection this applies to vehicles used for the collection and transportation of waste over short distances, within the context of a general service in the public interest, provided directly by public authorities or by private undertakings under their control. Commercial services are not covered by this exemption. (European Court Judgment in the case of Mrozek and Jager and Groupil and the High Court decision in the case of Swain v McCaul.)
3. Post Office vehicles (see Note 3 in item 5 of Exempted Vehicles in Drivers' Hours of Work Records).
4. In two High Court cases VI v Cook Road Planning Ltd and VI v Ringway Group Ltd it has been ruled that vehicles used for highway maintenance and control are not exempt from the EU regulations when going to or from a place where road maintenance is taking place; it is only while they are actually being used at the site that the exemption can be exploited.
6. Vehicles used in emergency or rescue operations.
7. Specialised vehicles used for medical purposes.
8. Vehicles carrying circus and funfair equipment.
9. Specialised breakdown vehicles.
10. Vehicles undergoing road tests for technical development, repair or maintenance purposes, and new or rebuilt vehicles which are not yet in service.
11. Vehicles used for the non-commercial carriage of goods for personal use.
12. Vehicles used for milk collection from farms and the return to farms of milk containers or milk products intended for animal feed.
13. Vehicles used for the carriage of passengers and constructed or equipped to carry not more than 17 persons including the driver, and intended for that purpose.
14. Vehicles being used by a public authority to provide public services which are not in competition with professional road hauliers.
Note: Only the following are covered vehicles being used by:
(a) health authorities as ambulances or carrying staff, patients, medical supplies or equipment
(b) the social services department of a local authority to provide services for old people or for the physically and mentally handicapped
(c) authorities such as:
(i) HM Coastguard
(ii) a general or local lighthouse authority
(iii) a harbour authority within the limits of a harbour for maintenance or management purposes
(iv) airports authority within the perimeter of an airport
(d) the British Railways Board, London Regional Transport or any wholly owned subsidiary of LRT, a Passenger
Transport Executive or a local authority for railway maintenance
(e) the British Waterways Board for navigable waterway maintenance.
15. Vehicles being used by agricultural, horticultural, forestry or fishery undertakings to carry goods within a 50km radius of the place where they are normally based, including local administrative areas the centres of which are situated within that radius.
Note: Where fishery undertakings are concerned this only applies to the carriage of live fish, or a catch of fish from the place of landing to the place where it is to be processed.
16. Vehicles carrying animal waste or carcasses which are not intended for human consumption.
17. Vehicles carrying live animals between a farm and a local market or from a local market to a local slaughterhouse.
18. Vehicles being used as shops at a local market; for door to door selling; mobile banking, exchange or savings transactions; for worship, for the lending of books, records or cassettes; or for cultural events or exhibitions.
Note: Such vehicles must be specially fitted for the use in question.
19. A vehicle carrying goods having a permissible maximum weight not exceeding 7.5t and carrying material or equipment for the driver's use in the course of his work within a 50km radius of the place where the vehicle is normally based and providing driving the vehicle is not the driver's main activity.
20. Vehicles operating exclusively on an island not exceeding 2300km2 in area and which is not connected to the rest of Great Britain by a bridge, ford or tunnel.
Note: This includes the Isle of Wight, Arran and Bute.
21. A vehicle propelled by gas produced on the vehicle or a vehicle propelled by electricity, having a permissible maximum weight not exceeding 7.5t.
22. A vehicle being used for driving instruction with a view to obtaining a driving licence.
Note: This does not apply if the vehicle or any trailer or semi-trailer attached to it is carrying goods on a journey for hire or reward, or for or in connection with any trade or business.
23. Tractors which are used exclusively for agricultural and forestry work.
24. A vehicle propelled by steam.
25. Vehicles used by the RNLI for hauling lifeboats.
26. Any vehicle manufactured before 1 January 1947.
AETR
The European Agreement concerning the work of crews of vehicles engaged in International Road Transport (Accord Europιen Relatif au Travail des Equipages des Vehicules Effectuant des Transports Internationaux par Routes AETR) is not an EU agreement but embodies a larger group of European countries which includes the UK and other EU Member States.
Countries outside the EU which are signatories to the agreement include the following.
Belarus
Bosnia
Bulgaria
The CIS
Croatia
Moldova
Norway
Romania
Switzerland
Turkey
Drivers operating to any of these countries should follow the EU Regulation 3820/85 on drivers' hours and 3821/85 on the keeping of records as the AETR rules have been harmonised with EU legislation.
AETR signatories will have to use digital tachographs from 2008. There will, however, be no problems using digital tachographs whilst driving within the scope of AETR to record duties.
PROPOSED CHANGES TO DRIVERS' HOURS REGULATIONS
The European Parliament gave a Second Reading (in April 2005) to amend proposals to change the drivers' hours regulations (3820/85/EC). The text of the new proposals has been agreed by the EU Council of Transport Ministers and the EU Commission. The proposed changes included the following.
Minimum daily rest period to be increased from eight hours to nine hours.
Driving off-road, when combined with driving on the road, to count towards the 56 hours per week maximum driving time.
A 45-hour rest period must be taken at least every second week.
Authorities will have the power to temporarily immobilise vehicles and suspend licences.
Exemption for breakdown vehicles used within 100-kilometre radius of base.
Authorities to be able to take action against infringements committed in another state.
BRITISH DOMESTIC OPERATIONS
Domestic legislation in the form of the Transport Act 1968 Part VI, as modified, applies to drivers of vehicles which are exempt from EC law.
Operations Covered
Operations which come within the jurisdiction of British hours laws are listed below.
1. Goods vehicles not exceeding 3.5t maximum permissible weight (including any trailer or semi-trailer). See also Note 1 in item 1 of Exempted Vehicles in Drivers' Hours of Work Records.
2. Vehicles used for the carriage of passengers constructed or equipped to carry not more than 17 persons including the driver.
3. Vehicles with a maximum authorised speed not exceeding 30kph.
4. Vehicles used in connection with sewerage, flood protection, water, gas and electricity services, highway maintenance and control, refuse collection and disposal, telegraph and telephone services, carriage of postal articles, radio and television broadcasting and the detection of radio or television transmitters or receivers.
5. Vehicles used in emergency or rescue operations.
6. Specialised vehicles used for medical purposes.
7. Vehicles carrying circus and funfair equipment.
8. Specialised breakdown vehicles.
9. Vehicles undergoing road tests for technical development, repair or maintenance purposes, and new or rebuilt vehicles which are not yet in service.
10. Vehicles used for milk collection from farms and the return to farms of milk containers or milk products intended for animal feed.
11. Vehicles being used by agricultural, horticultural, forestry or fishery undertakings to carry goods within a 50km radius of the place where they are normally based, including local administrative areas the centres of which are situated within that radius.
Note: Where fishery undertakings are concerned this only applies to the carriage of live fish, or a catch of fish from the place of landing to the place where it is to be processed.
12. Vehicles carrying animal waste or carcasses which are not intended for human consumption.
13. Vehicles carrying live animals between a farm and a local market or from a local market to a local slaughterhouse.
14. Vehicles being used as shops at a local market; for door to door selling; mobile banking, exchange or savings transactions; for worship, for the lending of books, records or cassettes; or for cultural events or exhibitions.
Note: Such vehicles must be specially fitted for the use in question.
15. A vehicle carrying goods having a permissible maximum weight not exceeding 7.5t and is carrying material or equipment for the driver's use in the course of his work within a 50km radius of the place where the vehicle is normally based and providing driving the vehicle is not the driver's main activity.
16. Vehicles operating exclusively on an island not exceeding 2300km2 in area and which is not connected to the rest of Great Britain by a bridge, ford or tunnel.
17. A vehicle propelled by gas produced on the vehicle or a vehicle propelled by electricity, having a permissible maximum weight not exceeding 7.5t.
18. A vehicle being used for driving instruction with a view to obtaining a driving licence.
Note: This does not apply if the vehicle or any trailer or semi-trailer attached to it is carrying goods on a journey for hire or reward, or for or in connection with any trade or business.
19. Tractors which are used exclusively for agricultural and forestry work.
20. Vehicles which are used by a public authority to provide public services which are not in competition with professional road hauliers.
The following are exempt from the British domestic hours rules.
Drivers of vehicles used by the armed forces, police and fire brigade services.
Driving which takes place off public roads.
Driving for purely private purposes (ie not in connection with any trade or business).
Drivers who on any day do not drive a vehicle to which the regulations apply.
Drivers who on each day of the week do not drive a vehicle within the rules for more than four hours. (Note: This exemption does not apply to a driver whose activities fall within the scope of the EU rules.
Note: Vehicles falling within this description are vehicles being used by:
(a) a health service body to provide ambulance services under the National Health Service Act 1997, the National Health Service and Community Care Act 1990, or the National Health Service (Scotland) Act 1978, to carry staff, patients, medical supplies or equipment (in these regulations "health service body" means a Health Authority, a Special Health Authority or an NHS trust in England and Wales, or the Agency, a Health Board, a Special Health Board or an NHS trust in Scotland)
(b) a local authority under the Local Authority Social Services Act 1970 or the Social Work (Scotland) Act 1968 to provide certain social services
(c) authorities such as:
(i) HM Coastguard
(ii) a general or local lighthouse authority
(iii) a harbour authority
(iv) airports authority within the perimeter of an airport
(d) the British Railways Board, London Regional Transport or any wholly owned subsidiary of LRT, a Passenger Transport Executive or a local authority for railway maintenance.
(e) the British Waterways Board for navigable waterway maintenance.
Permanent Hours Limits
A driver should not exceed the following.
Daily driving 10 hours maximum
Daily duty 11 hours maximum
A driver is exempt from the duty limit on non-driving days. This also applies to a driver who does not drive for more than four hours on each day of the week.
Driving Time
Driving is time spent at the controls of the vehicle for the purpose of controlling its movement whether it is in motion or not. If some driving is done off the road, ie on a farm, at a quarry or building site, etc, this does not count as driving time but as part of the duty time.
Definition of a Working Day
This is defined in the Drivers' Hours (Goods Vehicles) (Modifications) Order 1986 (SI 1986 No. 1459) as:
(a) any working period (that is to say, any period during which a driver is on duty) which does not fall to be aggregated with the whole or part of any other such period or periods by virtue of paragraph (b) of this definition, and
(b) where a working period is followed by one or more other such periods beginning within the 24 hours next after the beginning of that working period, the aggregate of that working period and so much of the other such period or periods as fall within those 24 hours.
The domestic week is the same as the EC week, ie the period between 0000 Monday to 2400 Sunday.
Light Vans and Dual Purpose Vehicles
Drivers of light vans (not exceeding 3.5t permissible maximum weight) and dual-purpose vehicles are subject only to the 10 hour driving regulations when engaged solely in certain professional activities, ie doctors, dentists, nurses, midwives, veterinary surgeons, commercial travellers, employees of the AA, RAC and RSAC and persons using their vehicles to assist in carrying out any service of inspection, cleaning, maintenance, repair, installation or fitting. Also included is cinematography, radio or television broadcasting staff.
Emergencies
Where events cause, or are likely to cause, danger to life or health of persons or animals, serious interruption in the maintenance of public services for the supply of water, gas, electricity or drainage or of telecommunication or postal services, or a serious interruption in the use of roads, railways, ports or airports, driving and duty limits may be exceeded provided the driver does not spend time on duty (other than to deal with the emergency) for periods aggregating more than 11 hours.
MIXED DRIVING
This concerns drivers who change from community regulated operations to British domestic operations and in instances where this occurs the driver has the choice of observing the EC rules all the time, or a combination of both, provided the EC limits are not exceeded when engaged on EC work. Also the following points must be considered.
1. Time spent driving under EC rules does not count as "off-duty" under domestic rules.
2. Time spent operating under domestic rules does not count as a break or rest under community rules.
3. Driving time under EC rules counts towards the driving and duty limits under domestic rules.
4. If any EC driving is undertaken in a week the driver must observe the EC daily and weekly rest requirements.
DRIVERS' HOURS OF WORK RECORDS
THE DIGITAL TACHOGRAPH
A new style digital tachograph had been developed to make the tachograph system more secure and easier to check. The EU Commission adopted the technical specifications Annex 1b for construction, installation, use and testing of the digital tachograph on 5 August 2002. Therefore digital tachographs will be required in most goods vehicles, allowing data to be downloaded via smart cards. Digital tachographs will be required to be installed in all new HGV vehicles from the beginning of May 2006.
Description and Use
The new tachograph consists of:
a digital in-vehicle unit
a personal driver card, ie smart card. (This will be issued by the DVLA following full identity checks similar to those connected with photocard driving licences, therefore drivers should be in possession of the latest photocard licence).
The unit works as follows:
1. It automatically registers driver activity and retains the information for one year.
2. The personal microprocessor card, which drivers will be required to use, records and stores information for 28 days.
3. The unit is installed in the vehicle's dashboard and records the time, speed and distanced travelled.
4. A menu offers different activities, such as driving, work and rest, for drivers to select as appropriate.
5. The registration number of the vehicle is stored in the memory.
6. The data stored in the unit is then downloaded (transferred electronically) into a portable computer. There is also a small screen and a printer.
7. It will warn drivers if they exceed the continuous driving limit.
8. The card is personal to the driver who is responsible for its safety and proper use.
Only "type approved" tachographs may be fitted to vehicles. Vehicle operators will need to have the necessary computer equipment available to download the information from the smart card into drivers' hours records. Drivers will need to be instructed on how to use the new system.
THE ANALOGUE TACHOGRAPH
The current law relating to the fitting and use of tachographs to record drivers' hours of work is contained in EC Council Regulation 3821/85.
Scope
All vehicles exceeding 3.5t maximum permissible weight coming within the scope of EC Council Regulation 3820/85 used for carrying goods (including the weight of any trailer drawn), and passenger vehicles constructed or adapted to carry more than 9 persons (more than 17 persons if vehicle operates only within the UK see Item 13 below) including the driver, must be fitted with an EC approved tachograph to record not only the driver's hours but, if a second driver is carried, his working periods also.
This requirement also applies to journeys made to or through AETR member countries (see AETR in Drivers' Hours for a list of member countries).
Exempted Vehicles
The following are exempt from EU regulations. In addition, vehicles in items 1327 are exempt from EU regulations when operating within the UK. However, unless covered by some other exemption drivers of these vehicles are still required to keep a record of their driving and working day, either by using the tachograph or record book. For the latter see The Record Book later in this section.
1. Goods vehicles not exceeding 3.5t maximum permissible weight (including any trailer or semi-trailer).
Note:
1. In the case of M D Laverick and D Clarke v D Wilmot (Chief Constable) the High Court has held that a tachograph is not required if the maximum permissible train weight of the vehicle in question does not exceed 3.5t. Therefore, "maximum permissible weight" must now be taken to mean either the maximum permissible gross weight of both the towing vehicle and trailer (added together) or the maximum permissible train weight of the vehicle, whichever is the lesser of the two.
2. "Four wheel drive" trailer towing vehicles, eg Range Rovers, if used commercially when towing trailers on the road, may not be exempted if the threshold mentioned above is exceeded (unless some other exemption applies) and must be fitted with a tachograph.
2. Vehicles used for the carriage of passengers constructed or equipped to carry not more than nine persons including the driver (but see also Item 13 below).
3. Vehicles with a maximum authorised speed not exceeding 30kph.
4. Vehicles used by or under the control of the armed services, civil defence, fire services, and forces responsible for maintaining public order.
5. Vehicles used in connection with sewerage, flood protection, water, gas and electricity services, highway maintenance and control (but see Note 4 below), refuse collection and disposal (but see Note 2 below), telegraph and telephone services, carriage of postal articles (but see see Note 3 below), radio and television broadcasting and the detection of radio or television transmitters or receivers.
Note:
1. Vehicles used by local authorities not covered by this or any of the exemptions below and which are in competition with professional road hauliers need to be fitted with a tachograph which the driver will have to use when operating under EC Regulation 3820/85.
2. In the case of refuse collection this applies to vehicles used for the collection and transportation of waste over short distances, within the context of a general service in the public interest, provided directly by public authorities or by private undertakings under their control. Commercial services are not covered by this exemption and vehicles must be fitted with a tachograph which the driver must use.
3. Vehicles having a permissible maximum weight exceeding 3.5t used for the carriage of postal articles (except Post Office vehicles used for carrying letters) on national journeys must be fitted with a tachograph.
4. In two High Court cases VI v Cook Road Planning Ltd and VI v Ringway Group Ltd it has been ruled that vehicles used for highway maintenance and control are not exempt from the tachograph regulations when going to or from a place where road maintenance is taking place; it is only while they are actually being used at the site can the exemption be exploited. Therefore drivers of such vehicles must use the tachograph to record their working and driving hours etc.
6. Vehicles used in emergency or rescue operations.
7. Specialised vehicles used for medical purposes.
8. Vehicles carrying circus and funfair equipment.
9. Specialised breakdown vehicles.
10. Vehicles undergoing road tests for technical development, repair or maintenance purposes, and new or rebuilt vehicles which are not yet in service.
Note: This does not include vehicles going to, or coming from, annual tests, where a tachograph chart must be used.
11. Vehicles used for the non-commercial carriage of goods for personal use.
12. Vehicles used for milk collection from farms and the return to farms of milk containers or milk products intended for animal feed.
13. Vehicles used for the carriage of passengers and constructed or equipped to carry not more than 17 persons including the driver, and intended for that purpose.
14. Vehicles which are used by a public authority to provide public services which are not in competition with professional road hauliers.
Note: Only the following are covered vehicles being used by:
(a) health authorities and NHS trusts as ambulances or carrying staff, patients, medical supplies or equipment, as part of their general duties (see Item 20 of Operations Covered in British Domestic Operations in Drivers' Hours)
(b) the social services department of a local authority to provide services for old people or the physically and mentally handicapped
(c) authorities such as:
(i) HM Coastguard
(ii) a general or local lighthouse authority
(iii) a harbour authority within the limits of a harbour for maintenance or management purposes
(iv) airports authority within the perimeter of an airport
(d) the British Railways Board; London Regional Transport or any wholly owned subsidiary; a Passenger Transport Executive or a local authority for railway maintenance
(e) the British Waterways Board for navigable waterway maintenance.
15. Vehicles being used by agricultural, horticultural, forestry or fishery undertakings to carry goods within a 50km radius of the place where they are normally based, including local administrative areas the centres of which are situated within that radius.
Note: Where fishery undertakings are concerned this only applies to the carriage of live fish, or a catch of fish from the place of landing to the place where it is to be processed.
16. Vehicles carrying animal waste or carcasses which are not intended for human consumption.
17. Vehicles carrying live animals between a farm and a local market or from a local market to a local slaughterhouse.
18. Vehicles being used as shops at a local market; for door to door selling; mobile banking, exchange or savings transactions; for worship, for the lending of books, records or cassettes; or for cultural events or exhibitions.
Note: Such vehicles must be specially fitted for the use in question.
19. A vehicle carrying goods having a permissible maximum weight not exceeding 7.5t and carrying material or equipment for the driver's use in the course of his work within a 50km radius of the place where the vehicle is normally based and providing driving the vehicle is not the driver's main activity.
20. Vehicles operating exclusively on an island not exceeding 2300km2 in area and which is not connected to the rest of Great Britain by a bridge, ford or tunnel.
21. A vehicle propelled by gas produced on the vehicle or a vehicle propelled by electricity, having a permissible maximum weight not exceeding 7.5t.
22. A vehicle being used for driving instruction with a view to obtaining a driving licence.
Note: This does not apply if the vehicle or any trailer or semi-trailer attached to it is carrying goods on a journey for hire or reward, or for or in connection with any trade or business.
23. Tractors which are used exclusively for agricultural and forestry work.
24. A vehicle propelled by steam.
25. A vehicle being used for collecting sea coal.
Note: This exemption applies to the fitting and use of tachographs only.
26. Vehicles used by the RNLI for hauling lifeboats.
27. Any vehicle which was manufactured before 1 January 1947.
Where vehicles are exempted from the requirement to be fitted with a tachograph but the instrument is fitted for use only as a speedometer it must initially be calibrated and sealed. (see under "Installation, Calibration and Sealing" later in this section).
Description and Use
The tachograph is an instrument which automatically records:
(a) distance travelled by the vehicle
(b) the speed of the vehicle
(c) driving time
(d) periods of work of drivers
(e) breaks from work and daily rest periods, and
(f) opening the case containing the record chart.
Rob
