Q Could you please explain the legalities X regarding a driver
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who sleeps in the cab of his vehicle during his overnight rest period?
I understand that this is allowed, if the vehicle has a sleeper cab, but would this also apply to a truck with a walk-through cab and a bench-type passenger seat?
Secondly, as bona fide motor traders, is it permissible for us to collect a new semi-trailer with an untaxed second-hand tractive unit while using trade plates?
APresumably, you are referring to the
compliance by the driver with the statutory hours Regulations if he sleeps in his cab overnight. To comply with Section 96 of the Transport Act 1968, a driver's working day must not exceed 11 hours (12; hours in certain circumstances) and between two successive working days there must be an interval of rest of not less than 11 hours. During that 11 hours the driver must naturally be "off duty".
The Department of the Environment's "Guide to domestic goods vehicles drivers' hours and records" says that a driver may be off duty before he books on and after he books off when he is free to spend the time as he pleases. Therefore, by definition, if the driver has booked off and has no duties attached to the vehicle or its load, he may do as he pleases. If he chooses to spend the night in his cab he is obviously free to do so subject to where he is parked and the willingness of the police and others to allow his vehicle to remain in that position.
However, if he is moved on, he would not legally be able to move the vehicle. Even if it caught fire or was being unlawfully unloaded, he would not legally be able to take any action other than calling the appropriate authority.
The fitting of a sleeper cab has nothing to do with the legalities of the matter.
So far as your second question is concerned, a trade licence is issued to a motor trader and may be used by him for "all mechanically propelled vehicles which are from time to time temporarily in his possession in the course of his business as a motor trader . ." (Section 16 of the Vehicles (Excise) Act 1971).
Presumably, the untaxed second-hand tractive unit to which you refer is temporarily in your possession, and therefore it is permissible to use the vehicle under trade plates for any purpose to do with your business.