Make sure you understand the available exemptions before operating without a tachograph.
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Words: Tim Ridyard EU drivers hours rules are well established but there is still some confusion about when tachographs are required. Many police or VOSA prosecutions arise out of a mistaken belief by operators or drivers that tachographs are not required. Conversely, some businesses ask their drivers to use tachographs when it is not necessarc either because they believe they must be used or as an aid to record keeping.
This confusion has consequences. Some fixed penalties are paid and guilty pleas entered, resulting in court costs and fines, to alleged offences of which the driver and operator may be innocent. It's wise to check whether any exemptions apply and not assume that simply because the police or VOSA assert there is an offence that this is true — they may not be aware of the full facts.
The last major revision in the rules took place through EU Regulation 561/2006, much of which came into force in April 2007. Not only were there some changes to the drivers' hours rules, but some modifications in exempt activities also took place.
At its heart, the law requires compliance with EU drivers' hours rules where drivers are engaged in the carriage of goods or passengers by road. This is defined as covering any journey made entirely or in part on roads open to the public by a vehicle used for the carriage of passengers or goods, whether laden or not.
Circumstances arise when small vehicles less than 3.5 tonnes come into scope and a tachograph must be used, which is usually when pulling trailers.
What is the litmus test here?
The generally accepted legal position is that to determine whether EU drivers' hours rules apply, the maximum permissible mass (rripm) of the towing vehicle and that of the trailer must be added together. The train weight of the towing vehicle must also be considered. Whichever is the lower amount determines whether the 3.5 tonnes threshold is passed.This is a danger area where operators and drivers may think that drivers' hours do not apply when they do. Some exemptions to tachograph use are EU wide, while others are national relaxations or derogations only and do not include international journeys. Many of these exemptions relate to driving activities taking place within 50krn or 100km of base or vehicles less than the 7.5-tonne threshold. Some are unusual; some are quirky.
There is a widespread misconception that if the use of a vehicle is tachograph-exempt, then it is exempt from O-licencing, or vice versa, One does not necessarily follow the other, although there are some parallels — it is necessary to check both sets of exemptions. tw