Tacho's for personal use

We have a lorry that is taxed (and used) for personal use only. I think I have seen this covered elsewehere on here but can’t find it right now. Do we need to put a tacho in?
Driving hours itself doesnt matter too much as our journeys are all short enough to not really be affected - but wondered more about putting a disc in. I guess the safest option is just to run one anyway.

j_turner023:
We have a lorry that is taxed (and used) for personal use only. I think I have seen this covered elsewehere on here but can’t find it right now. Do we need to put a tacho in?
Driving hours itself doesnt matter too much as our journeys are all short enough to not really be affected - but wondered more about putting a disc in. I guess the safest option is just to run one anyway.

A goods vehicle that is used for private use is either a 7.5t vehicle that you do not use for hire or reward or as part of a business, or a larger vehicle that is not used to carry goods.

If the vehicle is used and taxed for private use only it’s exempt from EU regulations and you don’t need to use a tachograph.

tachograph:

j_turner023:
We have a lorry that is taxed (and used) for personal use only. I think I have seen this covered elsewehere on here but can’t find it right now. Do we need to put a tacho in?
Driving hours itself doesnt matter too much as our journeys are all short enough to not really be affected - but wondered more about putting a disc in. I guess the safest option is just to run one anyway.

A goods vehicle that is used for private use is either a 7.5t vehicle that you do not use for hire or reward or as part of a business, or a larger vehicle that is not used to carry goods.

If the vehicle is used and taxed for private use only it’s exempt from EU regulations and you don’t need to use a tachograph.

I think this is the bit that confused me last time. It is a 44 ton unit and lowloader and it is used to carry my steam roller, so I think the argument comes down if my own steam roller is classed as goods.

j_turner023:

tachograph:

j_turner023:
We have a lorry that is taxed (and used) for personal use only. I think I have seen this covered elsewehere on here but can’t find it right now. Do we need to put a tacho in?
Driving hours itself doesnt matter too much as our journeys are all short enough to not really be affected - but wondered more about putting a disc in. I guess the safest option is just to run one anyway.

A goods vehicle that is used for private use is either a 7.5t vehicle that you do not use for hire or reward or as part of a business, or a larger vehicle that is not used to carry goods.

If the vehicle is used and taxed for private use only it’s exempt from EU regulations and you don’t need to use a tachograph.

I think this is the bit that confused me last time. It is a 44 ton unit and lowloader and it is used to carry my steam roller, so I think the argument comes down if my own steam roller is classed as goods.

Yes I’m afraid the steam roller will be classed as goods, actually even the trailer is classed as goods on an artic which is a shame in my opinion.

These days if the vehicle carries goods and is over 7.5t it’s in-scope of EU regulations even though the goods are your own and the vehicle isn’t being used for reward.

So I’m afraid you will be in-scope of EU regulations and will need to use the tachograph.

tachograph:

j_turner023:

tachograph:

j_turner023:
We have a lorry that is taxed (and used) for personal use only. I think I have seen this covered elsewehere on here but can’t find it right now. Do we need to put a tacho in?
Driving hours itself doesnt matter too much as our journeys are all short enough to not really be affected - but wondered more about putting a disc in. I guess the safest option is just to run one anyway.

A goods vehicle that is used for private use is either a 7.5t vehicle that you do not use for hire or reward or as part of a business, or a larger vehicle that is not used to carry goods.

If the vehicle is used and taxed for private use only it’s exempt from EU regulations and you don’t need to use a tachograph.

I think this is the bit that confused me last time. It is a 44 ton unit and lowloader and it is used to carry my steam roller, so I think the argument comes down if my own steam roller is classed as goods.

Yes I’m afraid the steam roller will be classed as goods, actually even the trailer is classed as goods on an artic which is a shame in my opinion.

These days if the vehicle carries goods and is over 7.5t it’s in-scope of EU regulations even though the goods are your own and the vehicle isn’t being used for reward.

So I’m afraid you will be in-scope of EU regulations and will need to use the tachograph.

Ah well I’ll just make sure I always have one in then.

On another note does anyone know what would happen if i drove a vehicle that was subject to GB rules and did not need a tacho for 5 hours then jumped straight into one that fell under EU regs for another 4 hours without a break in between? (Again I normally wouldnt but there would be 1 time a year when this could happen - although I suppose I could always just take a 45 minute rest in between and be ok).

The 5 hours counts as other work for the EU regs and legally must be officially recorded as such
A driving time break would not be required before starting the 4 hours but a working time break of 15 mins would be needed no later than 1 hour into that 4 hours

Assuming it was a total of 5 hours other work and 4 hours driving then another 15 min working time break would be needed during that time

j_turner023:
On another note does anyone know what would happen if i drove a vehicle that was subject to GB rules and did not need a tacho for 5 hours then jumped straight into one that fell under EU regs for another 4 hours without a break in between? (Again I normally wouldnt but there would be 1 time a year when this could happen - although I suppose I could always just take a 45 minute rest in between and be ok).

If you drive under domestic rules for 5 hours it would count as 5 hours of other work when you go onto EU rules so no immediate break is required, however driving under EU rules counts as driving for the domestic rules so you would still to subject to a total of 10 hours driving, ie, 5 hours driving on domestic rules and 5 hours driving on EU rules is the most driving you could legally do in the working day.

Also be aware that as you’d done some driving on domestic rules, legally your total working day would be subject to the domestic rules maximum 11 hours duty.

tachograph:
Also be aware that as you’d done some driving on domestic rules, legally your total working day would be subject to the domestic rules maximum 11 hours duty.

That seems to be a very grey area according to a recent ex vosa employee

I think I remember him saying something about EU law trumping UK law but I may have remembered that wrong

ROG:

tachograph:
Also be aware that as you’d done some driving on domestic rules, legally your total working day would be subject to the domestic rules maximum 11 hours duty.

That seems to be a very grey area according to a recent ex vosa employee

I think I remember him saying something about EU law trumping UK law but I may have remembered that wrong

We’ve had this discussion before, as far as I can see there’s no grey area at-all.

viewtopic.php?f=2&t=92657

Although you claimed a VOSA bod had told you that the 11 hour duty time was ignored neither you nor anyone else came back to substantiate that, and it’s certainly not what’s written in GV262.

From GV262.

Mixed EU/AETR and GB domestic driving

Other duty limits

GB domestic limit (i.e. no more than 11 hours on duty) must always be obeyed. But when working under EU rules you must also obey all the rules on breaks, daily rest (only on those days when actually driving) and weekly rest.

Be an interesting court case to see what trumps what …

ROG:
Be an interesting court case to see what trumps what …

Legally if you’re mixing the rules they run in conjunction with one-another, none of them are trumped so no court case is needed.