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This week's answers have been supplied by lawyers from Backhouse Jones, of Clitheroe, Lancs.
Page 38
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Holiday uncertainty
When calculating working time under the new regulations coming into force next March, what is the role of the eight public holidays in arriving at a total for the average week?
Ed Clarke Riglift UK, Erith, Kent The first four weeks of a driver's paid leave are included as working time for the purpose of calculating the average working week. This includes statutory Bank Holidays. Under the new regulations, each day of leave is substituted for a notional eight-hour working day. It is only when the driver takes more than four weeks paid leave that those extra days do not attract the notional eight hours' work and can, in effect, be used to reduce the average working week.
The law has been drafted in such a way that employers cannot use the driver's mandatory four weeks' of paid holidays to reduce the average working week in the reference period.
My truck my licence?
If a finance house finances a vehicle for me, must the 0-licence covering that vehicle be pn my name? If I have a vehicle on finance can I put the vehicle on another company's 0-licence? So long as the vehicle is covered on an 0-licence does it matter whose name the licence is in?
Sharon Clarke Derby
If you are going to operate the vehicle yourself then it must be on an Operator's Licence in your own name. Licence discs are not transferable and it is illegal to list a vehicle on another operator's licence if, in reality, it will be you who is using the vehicle.
If you are effectively going to lease your vehicle out to another operator so that they employ the driver and are responsible for the running of the truck, then you will have to check the terms of your finance agreementto see whether this is permitted by the finance company. If it is not, then you may be in breach of the contract and the consequences will depend on the terms of your agreement.
If the vehicle is operated, but not specified on any licence then it could be impounded by VOSA. This could lead to the loss of the vehicle and the finance company will still look to you to meet all payments due.
it wasn't mei
Driving north on the Al at Cockermouth I was flashed by a speed camera which has recorded a speed of 51mph. The camera is located at the top of a hill where there are two lanes and a sign fora dual carriageway ahead. At that point I accelerated to 50mph, the HGV speed on a dual carriageway. A car cut in front of me and braked. The camera flashed and I thought it was for the car, not me. I was surprised to receive notice of prosecution from the Lothian and Borders Police. I wrote explaning the situation and they replied that they had no discretion in whether further action is taken in the circumstances I described.
Should I just accept the £60 fine and three points or risk going to court? I already have three points from an earlier speeding offence on the same stretch of road going southbound. I have only had my truck for about a year. With six points could this mean a ban as have had my licence for less than two years, or does that rule not apply to HGVs?
Jim Blaber Scotland Without knowing the exact location of the camera and the local geography, it is very difficultto advise you. You imply that you had not yet reached the dual carriageway and therefore if you were travelling at 51mph then you may have legitimately triggered the camera. Alternatively, the other car's speed may have had some effect and the police rriay struggle to differentiate your speed and that of the car. Remember, for you to be convicted the court must be sure that it was yourvehicle that was speeding.
Clearly you are not going to be able to persuade the police lo drop the case. Going to court will certainly lake longer, be expensive if you instruct lawyers and, if you are convicted, would almost certainly involve a higher fine and could lead to a higher number of penalty points. A court can impose up to six points.
If you have held your car licence for more than two years then six points will not lead to a ban — it does not matter that your HGV entitlement is relatively new. If, however, you only passed your car test within the last two years then you will he banned until you pass your test again.