I am an owner-driver and I would like to use
Page 55
If you've noticed an error in this article please click here to report it so we can fix it.
my vehicle to move my home when I have completed the purchase of a house. I expect that I shall have to do this after I have finished my normal work or at weekend. Must 1, therefore, fill in these details inImy record book?
A Regulation 7 of the Drivers' Hours (Goods Vehicles) (Keeping of Records) Regulations 1970 states that a driver shall have his current driver's record book including all duplicate and unused record sheets in his possession at all times while he is driving a goods or passenger vehicle and he is on duty.
Regulation 3(a) provides that the driver of a goods vehicle shall enter and the employer of an employee driver shall cause any such driver of a goods vehicle to enter in a driver's record book a current record which shall give in respect of each working day of that driver the prescribed information.
From this it will be seen that the entering of records in a record book and the possession of that book depends on the working day of the driver and whether he is on duty.
Section 103(4)(b) of the Transport Act 1968 says that reference in the Act to a driver being on duty refer in the case of an owner-driver to his driving a vehicle . for the purpose of a trade or business carried on by him or being otherwise engaged in work for the purpose of that trade or business being work in connection with the vehicle or its load.
It is plain, therefore, that using your vehicle for your own household removal cannot be construed to be using it for the purpose of trade or business and in so using it you would not be "on duty" as defined in the Act.
Not only need you not fill in the record book, but you need not carry it while you are engaged in removing your personal effects.