Personal Mileage

I would go the whole hog and let R.Sole drive.

How many hours did you reduce your weekly rest too? Could you get away with attaching it to another rest period? Not necessarily the weekly rest of the wedding wkend

Alternatively, a driver can take a reduced weekly rest period of a minimum of 24 consecutive hours.
If a reduction is taken, it must be compensated for by an equivalent period of rest taken in one block
before the end of the third week following the week in question. The compensating rest must be
attached to a period of rest of at least 9 hours — in effect either a weekly or a daily rest period.

Mike - C said;

How will it be an interruption of his rest period? I.e specifically what law will he be breaking?
I thought there was no requirement to record non working time ?

Basically drivers hours rules contained within (EC)561/2006 cover goods vehicles where the Maximum Authorised Mass exceeds 3.5 tonnes. Article 4(a) of that Regulation defines carriage by road and says that it doesn’t matter whether the vehicle is loaded or not. I don’t think there is any argument that the vehicles concerned are goods vehicles, had they had their fifth wheel removed then there might be a whole different matter to consider.
Next look at the exemptions and derogations from EU drivers hours rules. The only one that comes anywhere near is Article 3(h); vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7,5 tonnes used for the non-commercial carriage of goods. As I stated earlier. artics usually come in two sizes; 2 axles at 18 tonnes and 3 axles at 26 tonnes MAM. Both comfortably exceed the 7.5 tonne limit, therefore the exemption cannot be claimed, by default the driving is subject to EU drivers hours.
Assuming the driver started weekly rest sometime Friday afternoon and needed to take 45 hours off, any driving of an HGV on Saturday will interrupt the weekly rest period, which is illegal. If the driver only needed 24 hours weekly rest it is possible that by starting rest early enough on Friday a reduced daily rest period could be achieved before he went driving on Saturday. If he finished early enough on Saturday and didn’t start again until 30 hours later then the issue of ‘compensated rest’ is dealt with.

Rereading the OP I notice that a reduced weekly rest was taken on the weekend of the 22/23 Oct. Assuming that it was 24 hours then there is 21 hours ‘owing.’ It appears that weekend of 29/30 October will be a regular weekly rest of 45 hours. The weekend of 5/6 November, the wedding weekend may be a reduced weekly rest. The compensated rest for 22/23 October would need to be paid back by 24:00 on 13th November. There’s lots of possibilities for doing this perfectly legally.

It’s unlikely that there would be an ‘inspection’ on the day. However, any inspection of records within the next 6 months could highlight the issue of ‘missing mileage,’ or even a ‘false record’ should Mr Sole or Mr Mouse be driving.

Good info, thanks geebee. I too would definatley not recomend anyone to go the Mr.sole or Mr. mouse route !!

Geebee is surely correct in his interpretation of the letter of the law, but when he says “had they had their fifth wheel removed then there might be a whole different matter to consider.”, I thought that we were all in agreement that it makes no difference - a truck is a truck unless it is taxed as PLG.

Santa:
Geebee is surely correct in his interpretation of the letter of the law, but when he says “had they had their fifth wheel removed then there might be a whole different matter to consider.”, I thought that we were all in agreement that it makes no difference - a truck is a truck unless it is taxed as PLG.

Without a fifth wheel they cannot carry goods, the same as a chassis cab is not a goods vehicle until it had a body fitted.

maybe this exemption would cover it

(g) vehicles undergoing road tests for technical development,
repair or maintenance purposes, and new or rebuilt
vehicles which have not yet been put into service;

This is not the same as not being able to drive an artic unit on a c licence and I don’t think the road tax status would come into it.

the way i understood it there was no such thing now as personal mileage, that is one reason companies have stopped their trucks going into local carnivals. if its taxed as goods and under operators licence then when ever its used it has to have a tacho in, unless under repair and then it would be a good idea to put one in to account for missing mileage.

there was talk one time that if a driver was on his rest period then he could not drive any goods vehicle even if it was out of scope, to cover things like horse boxes but i don’t know if that was ever brought in :wink: :wink: :wink: :wink: :wink: :wink: :wink:

wildfire:
the way i understood it there was no such thing now as personal mileage, that is one reason companies have stopped their trucks going into local carnivals. if its taxed as goods and under operators licence then when ever its used it has to have a tacho in, unless under repair and then it would be a good idea to put one in to account for missing mileage.

there was talk one time that if a driver was on his rest period then he could not drive any goods vehicle even if it was out of scope, to cover things like horse boxes but i don’t know if that was ever brought in :wink: :wink: :wink: :wink: :wink: :wink: :wink:

You can drive horse boxes under 7.5tonne, but the problem lies with the eventers with these 6 wheel Scanias and bells and whistles. There is a good article in Horse and Hound written by our man in the know :stuck_out_tongue:

If the truck is not working ie hire and reward is it not just pleasure, the fact it can not carry any thing with no trailer ,I can not see vosa being botherd.You could always ask one of those foreign drivers for a lone of his magnet while he has his weekly rest in some grotty back lane.

fuse:
If the truck is not working ie hire and reward is it not just pleasure, the fact it can not carry any thing with no trailer ,I can not see vosa being botherd.You could always ask one of those foreign drivers for a lone of his magnet while he has his weekly rest in some grotty back lane.

The words hire and reward are out of date, they are not used in the regulations these days and are therefore irrelevant in determining the legality.

It not having a trailer on does not mean it is no longer a goods vehicle either.

sod it
just stick the tachos in
and crack on
if its the bosses truck make sure he has put it
in the diary drivers borrow trucks for wedding
easyend of story
same goes for carnivals
The reason you dont see trucks in carnivals are
1- less carnivals held
2- less small hauliers and
3- too much hassle for big companies

What was the position when the Stobart Family had that high profile funeral a few months ago?Surely the same rules and regs would apply in this case.

alamcculloch:
What was the position when the Stobart Family had that high profile funeral a few months ago?Surely the same rules and regs would apply in this case.

The “drivers” probably had plenty of spare hours, there is a list of who drove what vehicle somewhere

The point about the fifth wheel is that without it the unit is not a ‘goods vehicle,’ as pointed out by Wheel Nut. The ‘grey area’ is how a Court (if it ever came to that) would view an artic tractor unit with the void between the chassis rails being covered over in chequer plate. That may well restore the vehicle to the status of a ‘goods vehicle.’

A similar situation exists with mobile cranes, batching mixers (although these are the subject of much debate at the moment) and similar vehicles. They are not seen as ‘goods vehicles’ hence the EU drivers hours rules don’t apply.

There is no exemption / derogation from EU drivers hours rules for vehicles involved in funerals, although such vehicles may well be exempt O-licence.

To try and get back to the OP. The use of the tractor units as suggested is not exempt EU drivers hours rules and therefore the Tacho will have to be used and the time may not be counted as ‘rest.’ Like I said earlier, that may not be the answer folk want to hear, but, that is how it is.

Needs a card. No reason why it can 't be done legally as long as the op makes up his rest

Me and a mate have been asked if we could use our units as wedding cars for this lad and his bird, this wedding is on the 5th of november.

Does putting a chart in and claiming personal mileage affect my rest period? Because if I only get a 45 hour rest this weekend I’ll be needing to have compensation rest on that weekend as I did all day on saturday just gone.

Cheers.

chancing my arm here but, as your not driving for hire or reward I dont think you need to put tacho in, then I thought how do you account for mileage difference!!! ■■■■ not sure now myself , please ignore post before i get you into trouble lol.

I thought by using a chart it covers the mileage, but an write on back what the mileage has been used for.

Foxstein:
chancing my arm here but, as your not driving for hire or reward I dont think you need to put tacho in, then I thought how do you account for mileage difference!!! ■■■■ not sure now myself , please ignore post before i get you into trouble lol.

I would put a card in and lose it at the reception or something. If the trucks are at their home base, no one is going to miss 20km

The ones you read about getting fined are 4 or 5 hundred km missing

It depends how forgiving your boss is, but I wouldn’t worry about anything more than a slight bollocking off VOSA if you got stopped

How do you account for mileage after it’s been in the garage?