Hi
I’m not sure if this is the right place for this question, but here goes.
I am an Agency Driver who often gets sent to a Vehicle Rental company to deliver and collect 7.5T Lorries and Mini Buses to/from customers all over the UK. The Vehicle Rental company tell me that they are exempt from using Tachos providing that there is only the driver in the vehicle. They are unable to tell me with any certainty if I am exempt because I am working for them through the Agency and the Agency is no use on the subject.
There are rumours going round the Drivers of the company that VOSA has prosecuted an Agency Driver for not using the Tacho even though he was on his own in a 7.5T.
The question is, are Agency Drivers exempt from using Tachos when they are working for Vehicle Rental companies , if they are the only person in the vehicle?
Many thanks for any advice.
Being an agency driver is not the main point here, agency drivers are subject to the same rules as any other driver. If these runs fall within the scope of the EU Driver’s Hours Regulations then any driver regardless of whether they are agency or not will be required to use a tacho. The question is whether the journeys fall within the scope of the regulations or not, and the delivery and recovery of hire vehicles does not generally come within the scope of the regulations, provided no goods or passengers are carried.
Conformation can be found on page 9 of the VOSA guide gv262.
You may however be subject to the domestic driving regulations and the driving and duty limits contained in those rules.
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Welcome Eagle15 .
RENTAL COMPANY DRIVERS
The Government has announced that rental company drivers are now exempt from tachograph responsibilities.
The result comes after campaigning by the British Vehicle Rental and Leasing Association (BVRLA.) Minibuses and HGVs over 3.5 tonnes will be free from tacho legislation as long as the vehicles are being delivered, collected or moved by rental company drivers.
Under the relaxed law, drivers will still need to abide by the domestic drivers’ hours rules, set at a maximum of 10 hours per day and 90 per fortnight. To comply, leasing company drivers must not carry freight or passengers during their employment.
ROG:
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RENTAL COMPANY DRIVERSThe Government has announced that rental company drivers are now exempt from tachograph responsibilities.
The result comes after campaigning by the British Vehicle Rental and Leasing Association (BVRLA.) Minibuses and HGVs over 3.5 tonnes will be free from tacho legislation as long as the vehicles are being delivered, collected or moved by rental company drivers.
Under the relaxed law, drivers will still need to abide by the domestic drivers’ hours rules, set at a maximum of 10 hours per day and 90 per fortnight. To comply, leasing company drivers must not carry freight or passengers during their employment.
I’m interested to know how the BVRLA motivated their case to the Government.
I wonder how the use of a tachograph hindered their operations.
206doorman:
I’m interested to know how the BVRLA motivated their case to the Government.
I wonder how the use of a tachograph hindered their operations.
I think it was to do with the digi tacho and the fact they would have to keep locking the data after each move, so the next customer couldn’t access it. They seemed to claim this was adding unneeded work for them.
I work for a rental company and in my tacho wallet I have a copy of an e-mail from my friendly local VOSA Traffic Examiner exempting me from using a tacho, although I MUST abide by hours regs. Call it an Insurance policy if you like.
Mind you I always put a chart in up the road even if only to prove my speed… you never know…