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Q My query concerns the I4-hour daily spreadover of vehicles used in connection with the delivery of materials to building sites.
Page 97
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One of our depots in Lincoln is involved in the delivery of materials to building and other sites, and though it could be claimed that the majority of work is entailed in this, they also have a number of deliveries to our own ready-mix plants, which in my interpretation of the law, are not covered by I4-hour daily spread.
I believe a stipulation of this particular clause is that if' the majority of our work, or our vehicles is involved with delivery to building sites, we are entitled to a I4-hour spreadover. If this is so, can we claim the exemption for all our vehicles, or only those that are mainly involved on site work during specific weeks, that is if we can claim the exemption at all?
AExemption for drivers from maximum
hours of duty are contained in the Drivers' Hours (Goods Vehicles) (Exemptions) Regulations 1972 Statutory Instrument No, 574. Part II Paragraph 9 contains the exemption which you quote for the carriage of materials used in building and civil engineering work.
Para 9 states that exemption is granted if the time spent on duty is mainly or wholly to meet a special need. The regulation defines a special need thus: — "Work done wholly or mainly in connection with the carriage of materials or components used in building or civil engineering work to or from sites where such work is being prepared or carried out."
It is therefore clear that the Regulation does not apply to vehicles feeding concrete mixing plants unless they are located on the site. It follows that general exemption cannot be claimed.