Tacho question ....... exempt or not?

scanny77:

fatjay_uk:
they are also sayin that because we dont drive for more than 4hrs a day wew have no need to keep records

i would ask for this one in black and white mate. you are leaving yourself wide open to prosecution. you could only drive for half an hour a day and you still need to keep records.

There is a rule whereby you’re tacho exempt if “driving does not constitute the driver’s main activity” which I think this 4 hour a day is refering to. It doesn’t extend to vehicles over 7.5 tonne though.

fatjay_uk:
yesterday we were stoped at work and ask to provide tachos …

You are mobile workers and need them. I have read all the replys and your boss at least should be done under the trade desriptions act if he has the name ‘manager’ in his title. When you look at his company car just satisfy yourself with the knowledge he is getting it for nothing!! JUst remember one thing when you get pulled by VOSA or the Police, say nothing,let your boss do all the explaining and take ‘advice’ in the meantime. Your employer is responsible for your working time and breaks, and the recording of such, don;t get suckered into making excuses. Let them do it. Just say nowt !!

I won’t comment on the EC/Domestic rules, except to say that there is a difference between a ‘Public’ road, and a ‘Road repairable as Public expense’. A supermarket car park can be the former, but not the latter, particularly if it has multiple entrances/exits and is commonly used as a ‘through route’ to access adjoining ‘streets’, as could be the car park attached to a pub.

Different definitions apply dependant upon whether one is referring to the Road Traffic Act or the Vehicles (Excise) Act.

I know for a fact that on one day (Xmas day) every year, Birmingham Airport used to (and probably still does) close the gates to prevent the site becoming a ‘Right of Way’.

The question I’d ask is, “Who enforces parking restrictions on the roads in question?”

If it is Police + Council wardens, then it is probably ‘repairable at Public expense’.

If it is Police + Private Contractors, then probably not.

Krankee:
I won’t comment on the EC/Domestic rules, except to say that there is a difference between a ‘Public’ road, and a ‘Road repairable as Public expense’. A supermarket car park can be the former, but not the latter, particularly if it has multiple entrances/exits and is commonly used as a ‘through route’ to access adjoining ‘streets’, as could be the car park attached to a pub.

Different definitions apply dependant upon whether one is referring to the Road Traffic Act or the Vehicles (Excise) Act.

I know for a fact that on one day (Xmas day) every year, Birmingham Airport used to (and probably still does) close the gates to prevent the site becoming a ‘Right of Way’.

The question I’d ask is, “Who enforces parking restrictions on the roads in question?”

If it is Police + Council wardens, then it is probably ‘repairable at Public expense’.

If it is Police + Private Contractors, then probably not.

Also any time either driving or spent behind the wheel at the controls , wich counts as driving no matter what road its on counts as driving.
I’m just waiting for the new regs that say unless you have one sock on and a boot without steel toe caps then its not counted as driving. Whats so hard about a concept that is or is not driving?

Airport driving has always been a sticky one …
I used to work at EMA driving the rigids with the bodies that lift up to the planes to swap the food trolleys and canisters over …
All the vehicles bar one were run on red (one was used to run to BHX now and again)
At first because of the amount of different people that could grab a vehicle and go out onto the apron with it we kept manual tachos of duty time and log books in the cab .
After a while and also the police not so sure what was right or wrong , the decision was made that you were allocated a vehicle and that was your vehicle for the shift, thus a tacho was put into the head and you recorded duty like you any other driver would .If you had to swap vehicle then you recorded it on the back of the chart like you normally would .

All the roads within EMA are private property and belong to the airport .Non of the vehicles bar the one ventured off the roads of the Airport .

I know this is after the event, but I always put a tacho in no matter what. We are able to borrow lorries or vans from work and although I’ve been told that personal/private use is exempt, I always put a card in and hand it in to the boss with all the others. I write on the back “private use” - whether is makes any difference or not I don’t know. If nothing else it means the company can account for the “missing” mileage between truck and tachos.

fatjay_uk:
this is what i seem to think and they still arent sayin alot

we work airside in an airport and use roads that belong to baa also used by the public

Vehicles used exclusively on roads inside hub facilities such as ports, into ports, and railway terminals. vehicles used exclusively on roads inside hub facilities such as ports, interports and railway terminals

they are also sayin that because we dont drive for more than 4hrs a day wew have no need to keep records

If you leave the Airside you are suppost on open Roads,if Privat or not.Solong Publick has acces you are under Highwaycode on the Way