Tachograp exemptions
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I In general, legislation requires tachographs to be fitted and used to goods vehicles over 3.5 tonnes GVW. There are a number of exemptions to this rule, but they are quite specific in their wording, so anyone planning to run over 3.5 tonnes without a tacho needs to study the precise terms under which any particular exemption is given. If your operation does not exactly match the wording of the rules, it is not exempt.
You must also remember that exemption from the tachograph rules does not necessarily give you exemption from the recordkeeping requirements under the British domestic hours of work rules.
No matter what some pundits might tell you, there is no exemption from tachograph requirements for • Short-distance driving or vehicle movements (for example, across the road between factory premises); • Infrequent use of spare vehicles; • Occasional driving (such as by the transport manager).
Exemptions that cause a lot of confusion include the use of light CVs and 4x4s, and CVs that are only used for private purposes.
Light goods vehicles not exceeding 3.5 tonnes GVW are exempt from the tachograph requirements, but when they are drawing a goods-carrying trailer and the combined weight of both exceeds 3.5 tonnes a tachograph must be used; the driver must observe and record his compliance with the FU drivers' hours law. A tachograph is not needed where the GCW of the vehicle is not greater than 3,500kg and this limit is not exceeded in operation.
Recent court judgements have made it clear that when dual-purpose vehicles such as 4x45 tow goods trailers (not
caravans) and the combined 4,4 weight exceeds 3.5 tonnes, a calibrated tachograph must be fitted and used by the driver to make records of his driving, breaks, rest periods and so on.
Goods vehicles up to 3.5 tonnes GVW which draw trailers comprising mobile plant such as compressors or generators (with no goodscarrying facility) are exempt from tachographs, even if the gross weight of the combination exceeds 3.5 tonnes. Where goods vehicles of more than 3.5 tonnes GVW are used for non-commercial carriage of goods for personal use, there is no requirement for tachograph fitment or use. Even if the vehicle already has a tachograph, the driver using it for private purposes is not required to keep a tachograph record.
But if there is any financial return or profit, it is not counted as private use. If stopped by the police, the driver must be able to account for such use; otherwise he is likely to face a charge.
Another useful exemption exists for tradesmen and the like who need to carry materials and equipment to use in their work. But there are key restrictions to watch:
• The vehicle must not exceed 7.5 tonnes GVW; • Driving must not be the user's main activity; • Travel must be confined to within 50km of the vehicle's base;
• The safety objectives of the regulations must not be prejudiced.
• by David Lowe