ANY QUESTIONS
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LEGALITY
QI wonder if you could help me clear up a point regarding the legality of my present position?
In August 1986 I passed my HGV 1 test after the company that I work for paid all the fees. I still work for that company as a shunter/loader on regular nights. My job consists of tareing of bulk tankers, loading them and weighing them after finishing loading. I then park them up in the yard ready for the day men to make their deliveries.
To get to the point in question, I usually have to drive on approximately 200m of the main road with each tanker, sometimes twice a night, and I have never yet been supplied with or asked to use a tacho card. I am informed by other drivers that I am breaking the law and that in the event of an accident the first thing the police would ask for is my tacho card.
To the best of my knowledge none of the previous shunters ever used a card. I might add that I load anything up to eight tankers per night, so if I do have to use a tacho card, will I need one for each vehicle I drive?
I would be very grateful for a reply, especially if I do not need tacho cards. TK, Scunthorpe AI should think that every shunter in the land has been waiting for this one: The Drivers' Hours (Keeping of Records) Regulations 1987, in the exemptions annex (paragraph 2) states: "Where, in any period of 24 hours, a driver does not drive a vehicle to which this part of these regulations applies for more than four hours and does not drive any such vehicle outside a radius of 50 kilometres from the operating centre of the vehicle, then he shall be exempted for that period from the specified requirements."
Further, in four of the regulations it brings into scope vehicles to which tachographs are fitted. So the answer is no, you don't need to use a tachograph as I cannot see you aggregating more than four hours' driving in any one night.
DRIVERS HOURS
n I wonder if you could Llpossibly advise me regarding the drivers hours legislation in the following example.
A driver starts work on Monday morning at 9am. He works a continuous shift including driving to 5pm, then starts on Tuesday at 5am and works till 8pm that evening.
Am I right in thinking the working day is the total duty time falling within the 24-hour period from the time the first work period started? In other words, would the driver in the example still be working his Monday period up till 9am on Tuesday, 24 hours after he first started?
Would the next working day begin at 9am on the Tuesday? If not, when would it start?
RJ, Derby A Yes, you are right in your
thinking. The 24-hour period starts at 9am Monday and stops 9am Tuesday — therefore in your example the driver has had 13 hours rest in the 24-hour period.
His next working 24-hour period would start at 9am on Tuesday. This situation led to the decision that you can drive six daily driving periods in five days.
WAREHOUSE
QI have the chance of renting from my employer a warehouse of approximately 530m3 storage space. My problem is that I don't know how much I should charge my customers.
I should add that I would be offering a distribution service as well as storage, but with the size of storage space, I do not expect much business from this.
Any information would be useful.
DR. Colchester A You don't mention what PAtype of warehouse you can
rent. The price you charge depends upon the commodity you store, if you can put grain walling in, you could take in fertilisers, feed-stuffs or grain; if you can store four pallets high on racking you could take on groupage.
You have to remember that loose commodities such as grain all have their own rules so I would suggest that you contact the National Association of Warehouse Keepers at Walter House, 418-422 Strand, London WC2R OPT.
You should also find out what your competitors in your area are charging, once you have decided what you can cope with. 530m3 could represent 530 tonnes or, looking at it another way, it could be 24 loads running at 38 tonnes.
One of my clients charges on the old rule of thumb, that one square foot 20 feet high is approximately a tonne (intervention store logic) and charges are at 20p per tonne per week with 22 RHD (receiving, handling, delivery). "Delivery" means putting it back in the collecting vehicle. You could look around for small manufacturers in your area and, by offering storage, you may have an edge on other hauliers.
n I am hoping to move %.....Lto a cheaper property in the Cornwall area where I plan to take my CPC and become an owner-driver.
Could you please let me know what would be the best areas to consider for possible contracts or, if possible, some useful addresses that I could write to for information. AK, Portsmouth ACornwall is an area of the country that is particularly dependent on road transport for all commodity movements.
There is a lot of stone movement in neighbouring Somerset and the quarries are always looking for ownerdrivers. Also, of course, the fruit industry (although seasonal) produces a great deal of work.
Geography doesn't often play a part in the decision of the vehicle specification you buy, nit in your case it will, so be houghful as to the engine and earbox combination. The road ietwork in that part of the vorld is testing when bad weather abounds — for further nforination call the Road Haulige Association on (0272) i53311. RHA Western District ;hould be able to put you in ouch with their local officer vho will be able to give you .ome pointers.
WINIBUS
I currently operate a 20-seat minibus.
A friend has advised me hat I can do away with the achograph if I take some if the seats out. How many leas do I need to take out, aid do I also have to limit he number of standing rassengers carried?
P, Brighton AUnder the Community Drivers Hours and Recordng Equipment (Exemptions Ind Supplementary Provisions) Regulations 1986 (No 1456) in he first schedule part 1, a pasienger vehicle which by virtue A its construction is not suitible for carrying more than 17 )ersons, including the driver, s exempt from tachograph regnations.
I don't think that means that f you buy a vehicle with 28 ;eats and take out three that mu would be exempt, unless rou permanently deprive the iser of putting the seats back.
As far as standing capacity is :oncerned, you are restricted )y the Public Service Vehicles Carrying Capacity) Regulations 1984, which means that if your /aide has seating capacity for ess than 13 passengers, or a gangway height of less than I. 77m, or is a half-decked rehicle, you cannot have standng passengers.
If your vehicle exceeds any A the above, however, the nunber is restricted either by he certificate of conformity or itness or, if no certificate exsts, to one third of the capacty (excluding upper deck) or to i maximum of eight, whichever s less.
FARMER
QI am a farmer operating a couple of trucks .o move my cattle to mar ket. Though the trucks are fairly old they are reliable and I am considering using them to take cattle from other farms.
If I charge for this work will I need to change the tax and insurance I pay on my vehicle?
AW, Worcester AFor you to use your vehicles for hire and reward, you will need to tax them at the higher rate applicable to "Goods Vehicles" at the relevant plated weight not "Farmers Vehicle". You will also come into the scope of a Standard National Operators Licence and would require a Certificate of Professional Competence (CPC) as far as insurance is concerned.
I would imagine you have a Goods In Transit (GIT) Policy for your own livestock. You will have to talk to your broker about whether you will need to increase your cover of carriage to include third party owned stock.
You would be exempt from the use of tachographs but would need to keep a Drivers Record Book, if you are travelling more than 50 kilometres from base or driving more than 4 hours a day in total.
RESURFACED
QThe local authority has resurfaced the road in front of our depot and the loose chippings they left have shattered the windscreens of two of our vehicles.
Our insurance should cover this, but I would like to know whether we could sue the council for the cost of the replacement windscreens.
EA, Egham A There are Model AgreeP-% ments by which roads are constructed arid repaired. Loose chippings are a common method of resurfacing and if the contractor (be it council or other) fails to make sufficient notice of the work by signposting it then he is negligent and can be sued under common law. You would have to have witnesses and evidence of the negligence, of course. Many contractors sweep loose chippings away after resurfacing but it is not mandatory.
In the interests of road safety, however, I feel that they should comply. You would have a good case if, after resurfacing, the contractor had failed to leave notices behind to signify a suggested speed limit.
OWNER-DRIVER
QI am hoping to begin operations as an owner-driver in the next few weeks. I shall be operating a 7.5-tonne Bedford IL from my home.
Do I need to get my house registered as an operating centre, and will this affect my mortgage, since I believe it says in the agreement that the house should be used for residential purposes only? GH, Manchester A The definition of an oper ating centre is that place where the vehicle is normally kept. To establish your house as your operating centre you will have to comply with the statutory regulations by application to the licensing authority for your area, and this will include advertising in the local paper which can attract objections from the police, council or neighbours, or on environmental grounds.
The grant of your house being your operating centre does not affect your mortgage. That could only happen if you started a business or office from your property. Then, not only could your mortgage company object, but so could your local council under planning regulations.
They may of course decide to object on environmental grounds, gaining the support of local residents.
This situation would be dealt with by the licensing authority at a public enquiry.
SECONDHAND
QSome 18 months ago I bought my first secondhand tractive unit and it was the worst move I ever made.
I thought I would be covered by the warranty offered with the vehicle from the dealer, but I have to wrangle every time something goes wrong (and that's quite often).
Will I have to take the dealer to court before I can sort things out or is there an easier way?
AUsed Vehicle Warranties are often misleading and every purchaser, especially with goods vehicles, should read the fine print carefully.
In your case you can, if you feel the vendor has misrepresented the goods, sue him under the Sale of Goods Act. If you feel that the vendor has not honoured his written warranty then you could take the warranty to your Local Citizens Advice Bureau with details of the claims you have made and they should be able to tell you if you stand a chance of succeeding in the County Court_
CONVERT
QI want to convert my long-wheelbase Luton Transit to a basic drop-side body. What will I have to do to change the vehicle's documentation? Will it have to be replated? Will the work have to be inspected and, if so, by whom?
AD, Christchurch A Converting your Luton Transit to a dropside body is a notifiable alteration using Form VTG10, obtainable from your local goods vehicle testing station. The vehicle will have to be re-examined by them and the plating certificate amended accordingly.
One thing to watch for if you are getting somebody else to do the work is to make sure they are prepared to warranty the modification.