7.5t rental truck - who's in the wrong?

Hi again.

Needed to hire a 7.5t box van :blush: to move some furniture. Due to my hours worked (and I didn’t want to drive it!), it was decided that the better half would hire it.

The company used, was a major UK company (name witheld), we turned up at premises and were pointed to a medium to large truck. The necessary paperwork was completed, licence checked and keys handed over.

What I am writing about, is at NO time was any mention of tachographs and associated laws mentioned :open_mouth: :open_mouth: :open_mouth:

In the truck was a few discs, which I promptly explained on how to fill out.

What :question: If this was someone else, with no hgv/pcv driving experience, no tacho experience?

I appreciate that driving laws are down to the driver but surely the hire company holds a certain degree of responsibility. My other half admitted, had I not shown her, she would have just jumped in and drove off :open_mouth:

Views, goood or bad appreciated.

John

I would think furniture moving would be private use - so no tacho needed

if it was business use the Hire company should have checked you had sufficient margin on your O licence :wink:

Yep no Tacho is required!

to answer your question, you are in the wrong :wink:
the tachograph regulations apply when using a vehicle for hire & reward, as it was your own personal goods, the regs do not apply.

regards
paul

no need to add anything to this cornish,it’s said already :wink:

Just one point to add, the hire company will normally never ask about tacho’s etc as this has nothing to do with them, it is down to the driver, same as with the o’ licence. the hire company is only providing the vehicle, the rest is down to the driver/company.

smcaul,
It would be a foolish hire co. that didnt take an interest in a hirers O licence, because if you get caught in a vehicle without an O licence, that should have one, vosa can impound the vehicle and eventualy sell it if need be!!! irrespective of who actually owns the vehicle!!

regards
Paul

That may be true flatbed, but then the hire company will charge you for the cost of the vehicle. As the hirer you are responsible for that vehicle and ensuring it is legal.

I quite often have a 7.5 tonner on hire for personal stuff. While I don’t need a tacho I always use one. I stick with the one hire company now but previously when I was using a different one, they tried to put speeding offences (caused by their own staff I think) on me. However they quickly changed their tune when I could show them a tacho proving it wasn’t me. Both times it was the same truck and the corrrect date but wrong time.

The company I use now also ensures you sign a disclaimer to say you will not use the truck for hire and reward work, only personal use.

Although i agree with most of whats been said on this post, i always believed that if a vehicle is over 3500kg then a tacho has to be used…whether its for private use or not…i remember using a unit for private use ie transport to and from work…but was told it is not legal…and dont forget that as a hgv driver you are required by law to keep records of your driving hours…so i believe that using a vehicle for private removals, and over 3500kg is liable to the tacho regulations…correct me if i am wrong…
have a nice day

if its over 3500kgs AND for hire or reward then you need a tacho, but if its personal use you dont need a tacho even in a 40 tonner

paul

So if you’ve been working all day, on tacho, then use your hire truck for personal use after work, are you technically still on rest or other work, because you are driving a commercial vehicle even though it is exempt from tacho rules.

So when i drive a race transporter you are saying I dont need to put a card in then?

I drove down to Thruxton and ended up having a 45 in Newbury services.

There wasnt any rush to be anywhere in a hurry, except to the chequered flag

Tachograph law applies to commercial vehicles over 3.5 tonnes MGW used for the carriage of goods for hire or reward.

Driving a unit to/from work, counts as driving time.

Driving under tacho rules during the week, then driving at weekends without tacho (e.g 7.5 tonne plant lorry to stock car racing) is a grey area. Suggest more research.

A local car & 7.5 ton rental companys 3.5 ton transporter often tows a trailer so it can move 2 cars, but has no tacho or O licence. & this companys yard is less than a mile from the VOSA’s Norwich base.
It’s one law for HGV operators & one for everyone else.

Lostpup:
So if you’ve been working all day, on tacho, then use your hire truck for personal use after work, are you technically still on rest or other work, because you are driving a commercial vehicle even though it is exempt from tacho rules.

no, how can you be on rest if you are still driving :unamused:
it gets very complicated and its a very grey area, especially when the hirer of the vehicle is also an lgv driver by profession.
all i was saying was how it is in the regulations.
you only need to drive under the tacho regs if the journey is for hire and reward.
if no-one is paying you for moving the goods and you are not a business, you dont need a card.
silly as it sounds, i can drive (work) all week, then go hire a unit and trailer and move house on the weekend, with no card in.

that is how i understand it. :smiley: :question:

paul

Because, if you’re doing it for yourself, you are freely disposing of your time.

The point is that you’re not being paid for it, thus not working, and you chose to drive a vehicle that is for your own use. I know of people who drive for a living, and have a 38t ERF at home to haul their steam engine to rallies on a low loader. It’s fun, and a hobby.

The one interesting fact is, that you’re not able to completely freely dispose of your time by giving it to another employer should you wish to… :laughing:

Driving Goods Vehicles - The Official DSA Syllabus:
The following are exempt from EC drivers’ hours and tachograph rules…:
.
.
.
Vehicles used for non-commercial carriage of goods for personal use.

You are also exempt from the domestic hours rules for “Private Driving”.

HTH…