Sometime last year I was talking to someone who used a Discovery 3 and trailer and asked if he knew he’d need a tacho soon. He replied that he didn’t as it was only a small trailer but seemed doubtful when I pointed out that a disco is a stupidly heavy machine and even a little halfords trailer could put him over 3.5 tonnes, jokingly suggesting that he upgrades to a lighter defender to increase his capacity. He had a string of reasons why the rules didn’t apply to him and I was happy that at least I’d warned him.
Last week he mentioned that he’d had a tacho fitted. Apparently he’d spoken to Vosa and decided that he may sometimes fall within tacho regs so had one fitted just to be safe. He clearly has no understanding of drivers hours etc., all he knows is that if he’s towing his trailer on business he should stick a card in.
At this point I should explain that Monday-Friday he’s a company director but at weekends he’s a smallholder and alpaca breeder. The Discovery is his company car from his day job but because the smallholding is VAT registered and the trailer signwritten etc. he can’t claim his weekend use is exempt as private.
What I’m wondering is how do tacho laws apply in these circumstances?
Effectively this vehicle is sometimes a private car, sometimes a private goods vehicle over 3.5 tonnes and sometimes a commercial vehicle over 3.5 tonnes.
Presumably a card is only needed on the occasions he operates commercially, with the trailer attached?
Presumably when making a commercial journey he’s subject to drivers hours? If so does that mean that because he works Mon-Fri he can’t attend both days of a weekend show?
Most confusing of all I understand that an Operators licence is now needed for goods vehicles over 3.5 tonnes, but not for those under. So if a tachograph is needed on the basis that with the trailer attached he’s over 3.5 tonnes it seems logical to me he should have an O licence for the same reason? If he doesn’t, who’s responsible for keeping records?
I realise that it’s unlikely he’ll ever get pulled for a check, especially as nobody seems to care that in the 10 years since trailer licences were introduced about 3 people have actually taken a test. I’m just interested in how this legislation is supposed to be applied.