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ON THE MOVE
Page 66
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QI have been an ownerdriver for 17 years, and recently read an article about people hiring vans to do removals.
Who holds the 0-licence for this vehicle and who is responsible for its roadworthiness? Who supplies the tacho disc and is the driver subject to driving hours?
suspect nobody holds an 0-licence for this vehicle and the many others out on hire. A friend of mine regularly hires 7.5tonne vehicles — he hasn't got an 0-licence and says the hire company never gives him a tacho disc.
Isn't it time this 'grey' area was cleared up, and the hire company's made to see that these vehicles are properly licenced?
WC, Seuenoaks
A Firstly, the private hirer
does not need an 0licence nor does he need to use the tachograph (Transport Act 1968) and (Drivers Hours Keeping of Records Regulations).
The roadworthiness of the vehicle is the responsibility of the hirer although he may have redress against the hire company in a Civil Court.
This refers to a person doing something with the vehicle which is private.
If Mr Black, a carpenter, hires a 7.5-tonne van to move some timber for a job he would definitely need a Restricted Operator's Licence — he may not need a tacho.
But, if Mr Black hires a 7.5tonne van to move house all the above applies. The wording of the act is as follows — the relevant sentences are in italic.
Section 60, sub-section 1, of the Transport Act 1968 says: 60 (1) Subject to sub-section (2) of this section and to the other provisions of this part of the Act, no person shall, after the appointed day for the purposes of this Section, use a goods vehicle on a road for the carriage of goods (a) For hire or reward or (b) For or in connection with any trade or business carried on by him except under a licence granted under this part of the Act (Operator's Licence).