limeyphil:
It’s a daft rule, But you can’t even nip down the shops or clean your lorry without it being classed as driving or other work.
True
it’s the same rule here, we can log out and drive to a diner or facilities, but bobtail only, I can drop my empty trailer 15 miles away from my house at a truck stop, log out and bobtail home, then return next shift.
When I worked for Fed Ex / Matchbox contract in Rugby they enterd me in British driver of the year at Cowley, I was allowed to take the tractor and trailer home on the Friday evening, drive to Oxford for the competition on the Sunday, return home and drive back to Rugby on the Monday without using the tacho.
It was classed as show or exhibition which does not fequire one.
limeyphil:
It’s a daft rule, But you can’t even nip down the shops or clean your lorry without it being classed as driving or other work.
I’d agree with the first but I’m not so sure about the second. I would say that since a lorry doesn’t need to be cleaned, it’s a voluntary exercise and so fits in with the requirement to dispose of your rest time as you choose. I don’t think “other work” is actually defined in precise terms.
It is. EC561/2006 Article 4(d) states that other work is defined in 2002/15/EC Paragraph 3a. Here’s a partial quote of the latter with the relevant part in bold:
(a) ‘working time’ shall mean:
in the case of mobile workers: the time from the beginning to the end of work, during which the mobile
worker is at his workstation, at the disposal of the
employer and exercising his functions or activities, that
is to say:
– the time devoted to all road transport activities.
These activities are, in particular, the following:
(i) driving;
(ii) loading and unloading;
(iii) assisting passengers boarding and disembarking
from the vehicle;
(iv) cleaning and technical maintenance;
(v) all other work intended to ensure the safety of
the vehicle, its cargo and passengers or to fulfil
the legal or regulatory obligations directly
linked to the specific transport operation under
way, including monitoring of loading and
unloading, administrative formalities with
police, customs, immigration officers etc.,
Thanks for that although if a driver was cleaning a vehicle at a truck show then presumably he wouldn’t be “at the disposal of his employer” unless he was instructed to be there and doing it.
how did peter roff get around making his drivers come in on their “day off” and clean their motors from top to bottom,taking all day? all this bs about if you didnt like it you didnt take a job there-surely that cant have been legal though? as cleaning the lorry against your will would not be disposing of your free time however you wished?
just wondered…
Just wondering what the smallest piece of circus or funfair equipment that you could chuck in the back might be and gain an EU rules exemption… Bouncy castle?
cliffystephens:
but what happens if you dont do any other work …paul…
It doesn’t matter what other work you do or don’t do, the rules categorically state that you must use a tacho and obey all the rules (including things like daily and weekly rest periods) when driving any vehicle above 7.5t MGW unless it is exempt, and “not for hire or reward” isn’t a valid exemption.
cliffystephens:
never used a tacho when i used one of my trucks to do house removal for myself “why would you” not hire and reward …
Not being hire or reward is not an exemption from tacho rules for vehicles over 7500kg MGW. Even if you have one purely as a toy that never does a day’s paid work in its life you still have to use a tacho and abide by all the rules.
Paul
how long has this been happening…
I think I’m right in saying that the private use exemption went in the 2006 changes to the EU rules. I’m sure if I’m wrong someone will put me right.
I take my 1970 4 wheeler to shows i removed the tacho head as it was built before they were required ,however when i take my 1988 ERF i have to use the tacho as its fitted and was built like that .
Harry Monk:
Thanks for that although if a driver was cleaning a vehicle at a truck show then presumably he wouldn’t be “at the disposal of his employer” unless he was instructed to be there and doing it.
Perhaps not at a truck show but I think you would struggle to argue that cleaning the truck in the yard on a weekend is anything other than “other work” given that it is specifically mentioned in the rules.
cliffystephens:
never used a tacho when i used one of my trucks to do house removal for myself “why would you” not hire and reward …
Not being hire or reward is not an exemption from tacho rules for vehicles over 7500kg MGW. Even if you have one purely as a toy that never does a day’s paid work in its life you still have to use a tacho and abide by all the rules.
Paul
how long has this been happening…
I think I’m right in saying that the private use exemption went in the 2006 changes to the EU rules. I’m sure if I’m wrong someone will put me right.
Paul
sold up in 2002 so that might explain how i moved myself … thanks paul…
Harry Monk:
Thanks for that although if a driver was cleaning a vehicle at a truck show then presumably he wouldn’t be “at the disposal of his employer” unless he was instructed to be there and doing it.
Perhaps not at a truck show but I think you would struggle to argue that cleaning the truck in the yard on a weekend is anything other than “other work” given that it is specifically mentioned in the rules.
Paul
Agree with that although it’s a bit subjective. If a driver wanted to spend all weekend in the yard polishing his wheels when he hadn’t been asked to then I suppose it could be argued that he was disposing of his time as he wished. Theoretically I suppose I don’t ever take a full 45 break at the weekend because I post my invoice on Saturday afternoon along with any other outgoing mail and that theoretically is work-related.
Harry Monk:
Theoretically I suppose I don’t ever take a full 45 break at the weekend because I post my invoice on Saturday afternoon along with any other outgoing mail and that theoretically is work-related.
I suspect most owner drivers and many self employed drivers are in the same boat there, I certainly am as I often do my invoicing on a Sunday morning.
limeyphil:
It’s a daft rule, But you can’t even nip down the shops or clean your lorry without it being classed as driving or other work.
True
it’s the same rule here, we can log out and drive to a diner or facilities, but bobtail only, I can drop my empty trailer 15 miles away from my house at a truck stop, log out and bobtail home, then return next shift.
When I worked for Fed Ex / Matchbox contract in Rugby they enterd me in British driver of the year at Cowley, I was allowed to take the tractor and trailer home on the Friday evening, drive to Oxford for the competition on the Sunday, return home and drive back to Rugby on the Monday without using the tacho.
It was classed as show or exhibition which DID not require one.
Harry Monk:
Thanks for that although if a driver was cleaning a vehicle at a truck show then presumably he wouldn’t be “at the disposal of his employer” unless he was instructed to be there and doing it.
Perhaps not at a truck show but I think you would struggle to argue that cleaning the truck in the yard on a weekend is anything other than “other work” given that it is specifically mentioned in the rules.
Paul
Agree with that although it’s a bit subjective. If a driver wanted to spend all weekend in the yard polishing his wheels when he hadn’t been asked to then I suppose it could be argued that he was disposing of his time as he wished. Theoretically I suppose I don’t ever take a full 45 break at the weekend because I post my invoice on Saturday afternoon along with any other outgoing mail and that theoretically is work-related.
I’m not an owner driver but like to look after my motor if I don’t get chance to clean it during the week ill go up on a sat if I’m not working or a Sunday and clean it along with my car for a few hours, I’m not asked to do it and my boss doesn’t even know I’m doing it not that he minds but I don’t feel the need to ring him Sunday morning with my intentions so am I required to put the tacho in I never have and as far as I’m concerned I’m disposing off my time and rest how I wish too I raised this on my cpc course and the instructor couldn’t give me a definitive answer and yourselfs seem to know a bit more then maybe he did. Sorry to hijack the thread many thanks.
Dan Punchard:
I take my 1970 4 wheeler to shows i removed the tacho head as it was built before they were required ,however when i take my 1988 ERF i have to use the tacho as its fitted and was built like that .
You ERF will be tacho exempt this year as its coming upto 25 yrs old and there’s no reason for you to remove either. Happy daÅ·s!
Karl86:
I’m not an owner driver but like to look after my motor if I don’t get chance to clean it during the week ill go up on a sat if I’m not working or a Sunday and clean it along with my car for a few hours, I’m not asked to do it and my boss doesn’t even know I’m doing it not that he minds but I don’t feel the need to ring him Sunday morning with my intentions so am I required to put the tacho in I never have and as far as I’m concerned I’m disposing off my time and rest how I wish too I raised this on my cpc course and the instructor couldn’t give me a definitive answer and yourselfs seem to know a bit more then maybe he did. Sorry to hijack the thread many thanks.
Personally, I’d agree with you that you are freely disposing of your time as you see fit. You haven’t been instructed by your employer to do it and you aren’t being paid to do it so it seems to be no more work-related than building an Airfix model of your truck on your day off.
There are some VOSAs on here, perhaps they might have some input on this one?
limeyphil:
It’s a daft rule, But you can’t even nip down the shops or clean your lorry without it being classed as driving or other work.
True
it’s the same rule here, we can log out and drive to a diner or facilities, but bobtail only, I can drop my empty trailer 15 miles away from my house at a truck stop, log out and bobtail home, then return next shift.
When I worked for Fed Ex / Matchbox contract in Rugby they enterd me in British driver of the year at Cowley, I was allowed to take the tractor and trailer home on the Friday evening, drive to Oxford for the competition on the Sunday, return home and drive back to Rugby on the Monday without using the tacho.
It was classed as show or exhibition which DID not require one.
561/2006 changed all that.
No private driving or driving off road.
Off road driving, truck arrives Friday night, if the vehicle is not driven on the road ie it stops on the show ground all day Saturday and Sunday and driven around the show ground, then leaves monday morning, it is out of scope of EU tacho regulations Saturday and Sunday.
Bouncy castle?
