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PRODUCED IN ASSOCIATION WITH THE ILO
Special Types: confusion rules
Do we or don't we? Are we or aren't we? These are questions which are regularly raised by heavy hauliers operating under the Special Types regulations. Specifically, should they use tachographs--and are they exempt from the EC drivers' hours regulations?
There is no Act of Parliament or statutory instrument which specifically exempts the heavy haulier operating under Special Types order, but the UK did apply to the European Commission for an exemption on vehicles which, because of the size of their load or their gross weight, are required to have their movements notified to the police. It was pointed out that the speed and route of such vehicles were restricted and movements were generally made under Police supervision. The Commission took the view that this was an exceptional case in the spirit of Article 7 of Regulation 3820/85 and Article 3 of Regulation 3821/85. The UK was therefore authorised to exempt Special Types vehicles from these regulations, which relate to the installation and use of tachographs and the drivers' hours regulations. But to give legal backing to such an exemption the Government would normally have to introduce a statutory instrument or Act of Parliament. In is case they chose not to do so.
The Commission's decision was made on 10 February 1992 and following authorisation the UK decided to grant exemptions by way of administrative action.
This was communicated by letter to all enforcement authorities on 24 April 1992, instructing that the tachograph should be used but the back of the chart should be marked: "Police notified abnormal load". The vehicle operator and driver would follow police instructions while the load was being moved, and the usual provisions of the regula tions would not apply during such authorised movements.
Has anyone told the heavy haulier? The UK Government obtained a specific exemption but granted what appears to bee lesser exemption. It seems that the administrative authorisation only giving exemption from the drivers' hours regulations—not from the tachograph regs. During the period when the abnormal load is being moved in accordance with the movement order the domestic drivers' hours rules would still apply in any event, despite the exemption; but a tachograph must be used—not a written record. Clearly if police instructions are followed while the load is being moved, the movement order and the STGO are complied with, then the exemption would apply. However the administrative letter refers to "authorised movements". If STGO is not complied with the movement order is invalid and no exemption will be allowed. In other words, to gain the exemption the tachograph must be fitted and used, and domestic drivers hours and STGO regs must be comalied with. Heavy hauliers might be excusec for remarking that this is not much of an exemption.