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QI propose to use my 517cwt delivery X van on a Continental holiday this year. I am aware that there are special regulations applying to goods vehicles, but I understand that these in general affect the heavier lorries (over 3.5 tonnes and 7.5 tonnes) and the owner driver of a small van is not required to obey any rules besides those applying to motorists generally.
Could you comfirm that this is right? Where can I obtain further information?
A'he EEC regulations concerning the use of goods vehicles refer to vehicles over 30cwt unladen used for hire and reward.
As your vehicle is neither over 30cwt unladen nor being used for carrying goods for hire and reward while you are on holiday, it will not be subject to the EEC goods vehicle regulations.
As you point out. you will be in the position of a private motorist.
(I Could a member of the Territorial NC Army Volunteer Reserve who holds an hgv Class 3 licence with the prefix Z in front of the number drive a civilian hgv using this licence as an authority to drive?
AA Class 3 hgv driving licence authorizes the holder to drive "heavy goods vehicles, other than articulated vehicles, designed and constructed to have not more than four wheels in contact with the road surface". No distinction is made in the licence classification between Service and civilian vehicles.
Therefore, the holder of a Service hgv licence is allowed to drive a civilian truck.
QMy company runs a large breakdown recovery vehicle under trade plates. Often the vehicle passes other premises belonging to the company on its way to deal with a breakdown and staff have been in the habit of hitching a lift between premises. Is this allowable within the Regulations governing the use of trade plates?
A The practice is illegal unless they are to drive vehicles for the company. Regulation 40 (1) of the Road Vehicles Registration and Licensing) Regulations 1971 provides for the carriage of passengers in a vehicle running under trade plates. 3riefly these include the driver of the /chicle who should be the holder of the icence or an employee of the holder, any
person required to be on the vehicle as an attendant, any person required to be on the vehicle in connection with its inspection, any person in a disabled vehicle being towed, an employee of the holder of the licence proceeding to a place for the purpose of driving a vehicle on his behalf in the course of' his business as a motor trader, a prospective purchaser or a person interested in promoting publicity on it.
Q1 have a query regarding the driver of our service van. This van is in fact a 10-ton Bedford, and the driver consequently is required to complete a daily log sheet. The driver is a jack of all trades: he works in the yard, helps in the office and drives his wagon only when a job is laid on. This could be a trip of say, five miles taking half an hour, or it could be a journey of 150 miles taking five or six hours.
As this man is employed as a driver, am I correct in saying that when he comes into work in the morning he should book on at that time on his log sheet? And regardless whether he drives or not, is he still bound by the break of half an hour after 54r hours duty, or is it permissible for him to book only when he starts driving? To my mind, with the latter case, his pay sheet will obviously not tie up with his log sheet. Perhaps an example will clarify the question.
The driver booked on at 08.00 and worked in yard until 11.00. He then took a load 30 miles and returned empty at 13.30. Ile had a break of 30 minutes and then worked in the office until 18.30. He was then required (actually, I refused to let him go) to take a load to London, probably not to return until 2130 so that he would eventually book off at 21.30.
1 maintain that he should book off at 2030 having completed his 124-hour maximum spreadover. My boss says that he should have booked on at 11.00 and hence been able to deliver the load to London and returned within his permitted time as it would be then.
Should the driver book on when he starts work in the morning, or when he starts driving?
ABecause your employee has been engaged as a driver and the amount of driving he has to do in a day cannot be established beforehand, he should book on and begin his driver's record sheet when he starts work, regardless of whether he drives or not. Moreover, according to Section 96(2) of the Transport Act 1968 he should
have a break of not less than half an hour after a maximum of 54hours on duty.
If the example you quote is the actual on-duty time of your driver on a particular day, then he has exceeded his permitted duty hours on that day.
Section 96(3) of the 1968 Act states, briefly, that the working day of a driver shall not exceed II hours. Alternatively, if during that day he is off duty for a period which is not less than the time by which his working day exceeds 11 hours, then the working day shall not exceed 12+ hours.
In other words, for a driver to work a spreadover of 124 hours, it is necessary for him to be off duty for 14 hours during the day. No mention of an off-duty period of that length is mentioned in your example.
Off-duty has been defined as before the man books on and after he books off when he is free to spend the time as he pleases or during intervals for rest and refreshments, so long as he does not have duties to perform in relation to his employer's business such as to safeguard the vehicle or its load.
QIn our business it is frequently necessary to deliver chassis/cabs to bodybuilders for bodywork to be installed. Usually, one of our fitters who holds Class I heavy goods vehicle driving licence undertakes this job. When he is not mailable delivery often has to be delayed until he is able to drive the chassis/cab to its delivery post. Could the uncompleted vehicle be driven on an ordinary driving licence or is it essential that the driver should hold an hgv driving licence?
A Part II of' the Road Traffic Act 1972 deals with the licensing of heavy goods vehicle drivers. Section 112 states briefly that it shall be an offence to drive heavy goods vehicle of any class on a road if the driver is not licensed under this part of the Act to do so. Section 124 defines a heavy goods vehicle as ."a vehicle . . . which is constructed or adapted for hauling or carrying goods or burden of any description . .".
In the chassis/cab condition a vehicle is not constructed or adapted to haul or carry goods and therefore would not fall within the definition given in Section 124. In these circumstances the vehicle can be driven on an ordinary driving licence issued under Part III of the 1972 Act.