Tad° puzzle for skips
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by Sally Nash • CM has been inundated with calls from skip-hire operators seeking clarification on tachograph legislation following a recent case which suggests that skips carrying domestic waste are exempt from the EC tachograph rules.
Ashton & Manchester Waste was recently cleared of a tachograph offence
after magistrates decided that a 7.5tonne mini-skip carrier hauling domestic waste was exempt. The defence referred to a High Court ruling in the Swain vs McCaul case where the service was a "general service performed in the public interest".
Police have told one operator he needs a tacho chart in to collect household skips. However,
the Vehicle Inspectorate is clear in its guidelines and says skip hire operators do not require tachos if they are involved exclusively in household collection, whether for the council or not. Tachos are only required if their activities are on behalf of commercial organisations.
Ashton & Manchester Waste is confused, saying that although it won this particular case, Bury magistrates recently fined it £10 in the same circumstances. Director John Loftus says: "The law is not clear-cut. If it said that everybody should have tachos that would be fine— but it doesn't" He claims that police pressure has forced him to switch from record books to tachographs on his trucks. "Quite a few skip hire firms have gone back to tachos," says Loftus, His brother, Kevin, runs Manchester-based Owen Skip Hire. He has also had tachographs fitted following police pressure and says the change from record books has cost him about £1,500 over the past 18 months.
Kevin Loftus argues that all skip-hire firms should be exempt from the tachograph rules because the nature of the operation is very different from normal delivery work.
Peter Mair from Northampton solicitors Ironsides believes the Swain us McCaul case "has been overtaken" by another European court case.
He says there are grey areas in the legislation of waste transport and transport lawyers are waiting for some guidance from the Government.