TACHO QUERIES
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MANY QUERIES are raised about the need for tachographs in recovery vehicles. The exemption in the regulations refers to "specialised breakdown vehicles". These are defined as vehicles "whose construction, fitments or other permanent characteristics are such that they will be used mainly for removing vehicles that have recently been involved in an accident or had broken down".
A key word here is "removing". So, for example, if a breakdown truck goes out to assist a broken-down vehicle and the fitter is able to repair it and send it on its way, that is not "removing" and that round trip with the breakdown vehicle would not be exempt from the tachograph requirements. The position of the motor fitter would be crucial, because having to complete a chart for that journey would automatically bring him within the EU drivers' hours rules.
Skip vehicle operators can also face difficulties with interpretation of the regulations. When carrying away refuse, they must establish if this is a service being performed in the public interest (such as on contract to a local authority), in which case the high Court has ruled it does not need a tachograph—or as a commercial operation, in which case it does.
There are many other exemptions in the list, such as vehicles used by or for military and emergency purposes; and for public utility services such as sewerage, flood protection, water, gas and electricity services, highway maintenance and control, refuse collection and disposal, telephone and telegraph services, carriage of postal articles, radio and television broadcasting and detection of radio or television transmitters or receivers.
The vintage enthusiast is also exempt, provided his vehicle is more than 25 years old, carries no more than nine people, including the driver, is not being used for profit, or is being driven to or from a vintage rally, museum or public display or to a place for repair, maintenance or testing.