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'What possible benefit can a truck dealer gain from running illegally?'

10th August 1995, Page 42
10th August 1995
Page 42
Page 42, 10th August 1995 — 'What possible benefit can a truck dealer gain from running illegally?'
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Which of the following most accurately describes the problem?

or many years truck dealers believed they were not legally required to use tachographs when using trade plates and in the course of their normal trade. However, after the court case in Oldham this June, when we were fined £200 for driving a vehicle without a tacho chart being used, the myth had been dispelled. Greater Manchester Police have decided that the motor trade is required to use tachographs even when using trade plates and despite not holding operators' licences. The situation we now find ourselves in means that dealers should be using tachographs on the collection and delivery of vehicles, on demonstrations, travelling to and from test stations and any journeys to and from specialist workshops. European Union law on tachographs, now in force in the UK, does have exemptions but these are very obscure. For example: "New or rebuilt vehicles which have not yet been put into service." What is meant by rebuilt vehicle? Surely these exemptions should be more detailed and clarified for motor trade use. But who is responsible for doing this? I believe that the definition and clarity of the law regarding the use of tachographs by the motor trade was lost when the legislation changed from UK law to European law. The men in Brussels have little or no understanding of the motor trade operation in the UK hence the obscure exemption text quoted above which in my opinion, and many other people in the trade, explains very little. One has always thought that the operators' licence and drivers hours go hand in glove. In the operators' licensing laws there is a clear exemption for vehicles being used under trade licence (exemption No 9 in the operator exemptions list). The poor magistrates who had to listen to hours of explanations on both sides of the argument seemed totally confused. They did what they always do—if in doubt, find in favour of the police.

While the police were convinced we had committed an offence, the Department of Transport did not attend when called upon by the police at the time my vehicle was stopped. The Vehicle Inspectorate has said it does not real know whether the motor trade foils with in the tachograph laws. Our local VI told me it "would not bring a prosecution for the usage in question". Logic dictates that if trade plates are exempt from operator licence regulations then exemption From drivers' hours must follow.

Surely the use of a tachograph does not apply. In the end, what has this prosecution achieved?

We were a normal commercial vehicle dealer going about our usual business, on trade plates and less than three miles from base. We are not unscrupulous, overloaded, driving up and down the country using illegal tachographs in an attempt to tamper with drivers' hours. What possible benefit can a truck dealer gain from, as the police have it, running illegally?

Where does the motor trade go from here? How can we clarify the present legislation and who is going to fight in our corner on this matter? The Road Haulage Association and the Freight Transport Association are mainly concerned with the haulage industry and not with the commercial vehicle trade.

The end result is that we are on our own. To my knowledge the rest of the trade are not using tachographs which leaves them wide open for prosecution with the possibility of large fines and expensive solicitors' charges.

• if you want to sound off about a road transport issue write to features editor Patric Cunnane.


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