Firstly some background, I hold a class 2 but don’t drive anything that size now as I’ve changed job. When I did it was for a utility company so tacho laws didn’t apply. I don’t have a digi card cause I do
Now
I have a mate who I am helping move house from Scotland to England.
He does not have the entitlement to drive anything over the size of a milk float.
So
He will hire a 7.5t for the gear and I will be driving. Probably sharing the driving with someone else.
How does the fact that this is a personal hire (not for hire & reward) sit with the law etc?
Am i right in saying in this instance no O license isn’t really an issue as long as we can prove its not H&R?
Whats the deal with the digi tachos if the hire vehicle has one and I don’t have a card?
I’m pretty sure the driving hours and breaks aren’t a problem.
4.5 hrs driving or other work then 45 break? I can split the breaks but one has to be at least 30mins, yes?
snab:
Whats the deal with the digi tachos if the hire vehicle has one and I don’t have a card?
As far as I’m aware if the vehicles fitted with a digital tachograph and you don’t have a driver card you can’t legally drive it.
snab:
I’m pretty sure the driving hours and breaks aren’t a problem.
4.5 hrs driving or other work then 45 break? I can split the breaks but one has to be at least 30mins, yes?
4.5 hours driving and you should take a 45 minute break, if you split the break the first part must be no less than 15 minutes and the second part should be no less than 30 minutes, the split breaks must be taken in the correct order.
The 4.5 hours driving time is reset as soon as you’ve had the 45 minute break.
hiring a 7.5 tonner to move personal belongings won’t need an O licence - just hire one without a digi tacho (AFAIK hire fleets bought a lot of new trucks just before the digi tacho’s came in )
7.5 tonners used for personal use are also exempt from tacho rules - so officially no need to break although I would recommend stopping for breaks every couple of hours.
Denis F:
hiring a 7.5 tonner to move personal belongings won’t need an O licence - just hire one without a digi tacho (AFAIK hire fleets bought a lot of new trucks just before the digi tacho’s came in )
7.5 tonners used for personal use are also exempt from tacho rules - so officially no need to break although I would recommend stopping for breaks every couple of hours.
Is there somewhere I can find the info about being tacho exempt?.
Denis F:
hiring a 7.5 tonner to move personal belongings won’t need an O licence - just hire one without a digi tacho (AFAIK hire fleets bought a lot of new trucks just before the digi tacho’s came in )
7.5 tonners used for personal use are also exempt from tacho rules - so officially no need to break although I would recommend stopping for breaks every couple of hours.
Is there somewhere I can find the info about being tacho exempt?.
How do you prove that you are not carrying your goods for hire or reward?
I would like to hire a 7.5tonner to take a peice of farm machinery to ireland, how do i prove that i am not doing this for hire or reward?
Also, I have read on this forum that you dont need to state the details of a hired vehicle (if you hire it for less than a month) onto your operator license? Does that mean you show the hire company that you have an operator license and that is it? It then covers you to carry goods for hire and reward?
andyp85:
How do you prove that you are not carrying your goods for hire or reward?
Essentially, as with all things, the onus is on the Prosecution. After all, there is a big difference between using a battered horsebox to take the daughter’s pony to the local gymkhana, and transporting a thoroughbred to Cheltenham.
And it’s no use asking the animal. They always say ‘Neigh’.
With the farm machinery, I’d assume there would be some documentation as to when and where you bought it, or had it repaired or serviced. Or a record of its value being ‘written down’ for tax purposes.
personally that is what i would do just in case you get pulled. you can always bin it once you have finished the drive but as said before i would still keep within the law with regards breaks and hours, just to be on the safe side.
A vehicle not exceeding 7.5 tonnes is exempt from EU drivers hours rules provided it is used to carry goods on a non commercial basis. So, provided that your mate is not paying you to drive the vehicle (in any way) the trip is non commercial and you can ignore the EU drivers hours rules and don’t have to use the tacho. Personally I’d still take breaks after a couple of hours driving, up to you if you want to use a chart.
You can drive a digital vehicle without a driver card in this scenario because you are exempt EU drivers hours rules.
Moving personal possessions around is usually exempt O-licencing. As Krankee said, it is up to the Police / VOSA to prove you are committing an offence. That said, expect quite a number of hire companies to be wary about lending vehicles without seeing an O-licence. We have powers to impound vehicles used incorrectly without a licence. Hire companies don’t like having to beg to the Traffic Commissioner to get their vehicle returned.
