Just got off phone with DVLA who referred me to DVSA who in turn gave an answer that was a bit puzzling.
One of our driver’s tacho card expires soon. Raising a company cheque has been a bit long-winded and is now too late to receive a new card before the old one expires.
We were planning on sending him out in a vehicle under 3.5T without a VU unit during the week of expiration. DVSA have enphatically stated over the phone that he cannot do this - I checked over and over with them, explaining my question in different ways in case I or they misunderstood, answer was the same, ‘no he would be prosecuted’.
What would be the reason why he cannot do this?
The officer on phone stated that once you have a driver card, to continue driving you must keep renewing your card once it expires.
This really confused me as it would suely mean everyone must then never let their cards expire.
Hopefully someone can clarify, maybe it is something to do with 28 day record or even reference periods?
If he can actually drive smaller vehicles, what records need to be kept?
I have emailed them to get answer in writing but previous corespondances about different subject gained no reply.
From some of our more educated members… tinyurl.com/yafguyqv
and a company that pays for the drivers card and is looking at ways to keep him driving? You are a rare breed…others would’ve probably fired him off by now! And welcome to the nuthouse!
Unfortunately the post mentions nothing about continuing to drive non-tacho vehicles with said expired card - even though I would have thought it wasn’t needed, DVSA are insisting.
Everything the DVSA told me on the phone just doesn’t seem right. I am wondering if I got Junior Juniorson or Trainee McTraineson and he has told me wrong information.
All for keep trained and qualified good drivers in employment, even more for keeping the company O Licence and doing right thing!
I like speaking to the dvsa on the phone, there normally very helpful. But im always wary of letting on to much, and never tell them who i am or ring of the office phone.
Seems weird that youd be prosecuted for driving less then 3.5t seeing as tachos, cpc’s and driver cards arent needed.
Id still be filling in some type of log book/time sheet signed by the office.
I’m sure the DVSA is talking ■■■■■■■■, which confirms what the DVSA chap taking the New Operators seminar last week say about the quality of advice their call centre gives if not always good.
As far as I’m aware if you drive a vehicle out of scope of the EU drivers hours regs you don’t need to use a tachograph, even if like our vans it has a tachograph fitted, so I’d have no idea why your driver couldn’t drive one, what if he’d given up HGV driving and has become a full time van driver does he have to have a card for the rest of his life?
As for record keeping while driving a van, between HGV driving, if he kept time sheets or a diary with start and finish times and hours for WTD, I reckon DVSA would be more than stratified , I introduced this where I used to work and the driver continued to use it, he had no problems when stopped for a roadside check.
Ok then.
Thanks for your help.
I will try again tomorrow and see if I get a different person or answer, you never know, they may even reply to my email.
Vehicles or combinations under 3500 total plated MAM are not in scope of EU regs
Some vans have a tacho fitted because they may at times pull a trailer which brings them into scope
A driver with or without a digicard who drives a vehicle or combo under 3500kgs MAM which is fitted with a tacho just has to ignore it is there
The same principal of law applies to a B licence holder when they are driving a van which has a GVW of 3500 and a GTW of 5500 - just because it is possible to tow a trailer over 750kg which puts it into B+E rules they do not have to hold a B+E licence
If your card expires, you can still drive an analogue truck, or any out of scope vehicle, you could even drive a Digi truck if you met the criteria of one of the exemptions or derogations from the EU regs
alamcculloch:
If you have a card and are driving analogue or 3.5. tonners you should still carry your expired card in case the Ministry want to see it.
Id rather show the ministry no card then an expired one, especially when driving a vehicle where a card is not required.
Are you sure you’re not confusing cards here?, you cannot drive anything for hire and reward or commercially without CPC Card, maybe DVSA think that is what you mean?
Sapper
sapper:
Are you sure you’re not confusing cards here?, you cannot drive anything for hire and reward or commercially without CPC Card, maybe DVSA think that is what you mean?
Sapper
DVSA says his driver couldn’t drive a 3.5t vehicle without a current digicard, you can also drive them without a DCPC.
sapper:
Are you sure you’re not confusing cards here?, you cannot drive anything for hire and reward or commercially without CPC Card, maybe DVSA think that is what you mean?
Sapper
When I worked at tesco before getting my hgv if a van broke down we would get a replacement from the Enfield distribution centre and they would have Tacho machines in… I guess just in case a lorry drive had to jump in one.
You can mix domestic rules with hgv driving rules so basically you can’t drive a van during 45 off for work
Basically they want to make sure he’s not jumped in a van to get some overtime in
And is still driving within the law. The best thing would be to keep said card and to also keep track of any hours driven in the van which is required by law I think.
If you google mixing hgv rules with domestic rules you should be able to find some informative on the government website.
Garoar:
One of our driver’s tacho card expires soon. Raising a company cheque has been a bit long-winded and is now too late to receive a new card before the old one expires.
Bloody hell how crap is the pay? They’re £19 for a renewal, why couldn’t the driver just pay it and get it refunded in their pay as expenses the following week?