Man owns small business…retail shops.
Man hires 7.5 tonner, drives from Lancashire to London to collect load of shelving for said shops.
Does the law in relation to use of tachograph/record keeping apply?
Is an O license required?
I am aware that if he owned a lorry & used it in connection with his business, then a restricted O license would be required and tacho law applies.
Please don’t post with IMHO, unsure, don’t know, etc. 
Use of a commercial vehicle by/for the benefit of a business is covered by both O licencing and Drivers Hours regulations…
Full list of exemptions
When are drivers exempt from the EC rules?
Drivers are exempt from the EC drivers’ hours rules and from the tachograph rules (see following questions) when engaged in the following transport operations anywhere in the European Community. For the drivers’ hours and record-keeping requirements for these operations turn to part C.
Vehicles used for the carriage of goods where the maximum permissible weight of the vehicle, including any trailer or semi-trailer, does exceed 3.5 tons.
Vehicles with a maximum authorised speed not exceeding 30 kilometres per hour.
Vehicles used by or under the control of the armed services, civil defence, fire services, and forces responsible for maintaining public order.
Vehicles used in connection with the sewerage, flood protection, water, gas and electricity services, highway maintenance and control, refuse collection and disposal, telegraph and television services, carriage of postage articles, radio and television broadcasting and the detection of radio or television transmitters or receivers.
Vehicles used in emergencies or rescue operations.
Specialised vehicles used for medical purposes.
Vehicles transporting circus and fun fair equipment.
Specialised breakdown vehicles.
Vehicles undergoing road tests for technical development, repair or maintenance purposes, and new or rebuilt vehicles which have not yet been put into service.
Vehicles used for non-commercial carriage of goods for personal use.
Vehicles used for milk collection from farms and the return to farms of milk containers or milk products intended for animal feed.
Drivers are also exempt from the EC drivers hours and tachograph rules when engaged in the following transport operations in the UK.
Vehicles used by agriculture, horticulture, forestry or fishery undertakings for carrying goods within a 50 kilometre radius of the place where the vehicle is normally based, including local administrative areas, the centres of which are situated within that radius. (In the case of fishery undertakings the exemption applies only to the movement of fish from landing to first processing on land and of live fish on fish farms).
Vehicles used for carrying animal waste or carcases which are not intended for human consumption.
Vehicles used for carrying live animals from farms to local markets and vice versa or from markets to local slaughterhouses.
Vehicles used as shops at local markets or for door to door selling, or used for mobile banking, exchange or saving transactions, for worship, for the lending of books, records or cassettes, for cultural events or exhibitions, and specially fitted for such uses.
Vehicles with a maximum permissible weight of not more than 7.5 tonnes carrying material or equipment for the drivers use in the course of his work within a 50 kilometre radius of the place where the vehicle is normally based, provided that driving the vehicle does not constitute the drivers main activity.
Vehicles operating exclusively on islands not exceeding 2,300 square kilometres in area, which are not linked to the rest of Great Britain by a bridge, ford or tunnel open for use by motor vehicles.
Vehicles with gross vehicle weight (including the batteries) of not more than 7.5 tonnes used for the carriage of goods and propelled by means of gas or electricity.
Vehicles used for driving instruction with a view to obtaining a driving licence, but excluding instruction on a journey connected with carrying a commercial load.
Vehicles operated by The Royal National Lifeboat Institution.
Vehicles manufactured before 1 January 1947.
Vehicles propelled by steam.
Vehicles used by health authorities as ambulances or to carry staff, patients, medical supplies or equipment.
Vehicles used by Local Authority social services departments to provide services for the elderly or physical or mentally handicapped.
Vehicles used by HM coastguard and lighthouse services.
Vehicles used by harbour or airport authorities if the vehicles remain wholly within the confines of ports or airports.
Vehicles used by British Rail and other transport authorities when engaged in maintaining railways.
Vehicles used by British Waterways Board when engaged in maintaining navigable waterways.
Tractors used exclusively for agricultural and forestry work
Note: for the sake of Brevity I have not included the vehicles/work also exempt from Domestic Hours Regulations…
That’s just what i thought Rikki…in a nutshell.
Trucknet does it again…4 mins for an answer!
Anybody else…?
Driveroneuk
In your “business” scenario, an O’Licence is required by the Hirer (the rental firm does not need one).
To satisfy the O’Licence, Tacho must be used, regs complied with, and the Charts returned to the Transport Manager within 21 days etc etc.
Most rental firms will want to see the O’Licence before they let the vehicle out.
Driveroneuk:
Man owns small business…retail shops.
I am aware that if he owned a lorry & used it in connection with his business, then a restricted O license would be required and tacho law applies.
ownership of the vehicle is irrelevant as far as O licencing & tacho regs go!
If you use a vehicle over 3.5t for business use you need an O Licence
What more can I say
cheers
STEVE.
spaceman:
DriveroneukIn your “business” scenario, an O’Licence is required by the Hirer (the rental firm does not need one).
To satisfy the O’Licence, Tacho must be used, regs complied with, and the Charts returned to the Transport Manager within 21 days etc etc.
That’d be your man then…the business owner, seeing as there is no TM?
[/quote]
Most rental firms will want to see the O’Licence before they let the vehicle out.
[/quote]
Not in my limited experience…and if it was a private man hiring a 7.5 tonner to move house, he wouldn’t have or need one.