Q / am a mobile crane driver and normally I do
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not keep a record of driving hours. However, one of my colleagues insists that I ought to do so. Could you tell me whether I am within the law if I do not keep a. logbook?
A Superficially, because a mobile crane does not carry a load, it would appear that this in itself would exempt you from the drivers' hours and records regula tions. However, Section 95 of the Transport Act 1968 includes heavy locomotives, light locomotives and motor tractors though none is load carrying and it could be that your crane would fall in one of those categories; they are defined in Section 190 of the Road Traffic Act 1972.
To be a motor tractor the unladen weight must not exceed 71 tons; a light loco motive must have an unladen weight between 71 tons and ll tons; and a heavy locomotive must exceed 11 tons unladen.
You might be exempt from record keeping if your driv ing on a road is limited. Sec tion 96(7) of the Transport Act 1968 exempts a driver from keeping records if he does not drive on a road for more than four hours on each day of the week. This stipulation applies only if four hours are not exceeded every day.
But Regulation 12 of the Drivers' Hours (Goods Vehicles) (Keeping of Records) Regulations 1970 extends this exemption to day-to-day work (in contrast to the whole week) provided. the driver does not drive on a road for more than four hours and does not drive outside a radius of 25 miles from the vehicle's base. Both these conditions must be fulfilled to take advantage of the daily .exemption.