If I was to drive a 7.5ton truck fitted with a tachograph in a private capacity i.e. helping my sister move house, not for hire or reward as such, am I exampt from using a tacho? I’m guessing that as the vehicle is fitted with a tacho, I’d have to use it?
This question drew a blank at work initially although the consensus now seems to be that I would have to use the tacho as its fitted to the vehicle…
I asked as over the weekend my sister moved house and wanted me to drive the truck, but, given that I’d worked Friday night into Saturday, I was obviously on my rest period and I assume, unable to do so.
I say theoretical as at the time of asking I could not get an answer and decided against risking it.
as far as i know, if it’s for private none paid use, then it dosn’t affect your rest period.
i think you wouldn’t need to use a tacho if the move is local, however, i would use one to cover my arse, then bin it after i’m finished.
Grumpy1:
If I was to drive a 7.5ton truck fitted with a tachograph in a private capacity i.e. helping my sister move house, not for hire or reward as such, am I exampt from using a tacho? I’m guessing that as the vehicle is fitted with a tacho, I’d have to use it?
No tacho required - same as using your car - need a C1 licence though
The use of a tacho is required for those over 7.5 whether private use or not.
No you don’t have to use a tacho but I’d slap one in just to shove in the face of somebody if you’re pulled over, but when I got home I’d just throw it away.
Another thing is an O licence, many hire companies will tell you that even for private use, you will still need an O licence…tell them to jog on and call up VOSA as you don’t need one at all. You only need one if you’re being paid to carry goods, but if its helping your sister move house then you don’t need an O licence.
But what about if you’ve hired an 18tonner for the house move, even on private use does that fall under EU rules and have to come out of your driving and working time hours? Also if you use a new vehicle with a digital tacho then you shouldn’t be putting your card in it if it’s for private use because it’ll just look like work when it’s recorded.
But what about if you’ve hired an 18 tonner for the house move, even on private use does that fall under EU rules and have to come out of your driving and working time hours?
Exactly right. The ‘private use’ exemption only applies to vehicles with a maximum permitted mass not exceeding 7.5 tonnes. If you use an 18 tonne vehicle you will need to use a chart / card and the driving will count towards your weekly / fortnightly totals. In addition you will require a daily rest and the day will not count as a part of your weekly rest. This is what the owners of large horseboxes are up in arms about at the moment.
Tofer also said;
Also if you use a new vehicle with a digital tacho then you shouldn’t be putting your card in it if it’s for private use because it’ll just look like work when it’s recorded.
No problem with using you driver card in a digital tacho when doing ‘private driving.’ Just remember to use the ‘out of scope’ function on the VU, that’s what it’s there for.
Adam_Mc said;
Another thing is an O licence, many hire companies will tell you that even for private use, you will still need an O licence…tell them to jog on and call up VOSA as you don’t need one at all. You only need one if you’re being paid to carry goods, but if its helping your sister move house then you don’t need an O licence.
True, in this case (moving sisters house contents) does not require an O-licence. Also true that many hire companies will ask for one, because they do not understand the exemptions from the Regulation. On the other hand they are also scared of somebody hiring a vehicle saying it is for ‘private’ use and then getting the vehicle impounded as the use turns out to be not exempt. O-licences are required for vehicles ‘used in connection with a trade or business, on own account or hire and reward.’ So to say that you only need an O-licence if you are being paid to carry goods is not strictly true.
But what about if you’ve hired an 18 tonner for the house move, even on private use does that fall under EU rules and have to come out of your driving and working time hours?
Exactly right. The ‘private use’ exemption only applies to vehicles with a maximum permitted mass not exceeding 7.5 tonnes. If you use an 18 tonne vehicle you will need to use a chart / card and the driving will count towards your weekly / fortnightly totals. In addition you will require a daily rest and the day will not count as a part of your weekly rest. This is what the owners of large horseboxes are up in arms about at the moment.
Tofer also said;
Also if you use a new vehicle with a digital tacho then you shouldn’t be putting your card in it if it’s for private use because it’ll just look like work when it’s recorded.
No problem with using you driver card in a digital tacho when doing ‘private driving.’ Just remember to use the ‘out of scope’ function on the VU, that’s what it’s there for.
Adam_Mc said;
Another thing is an O licence, many hire companies will tell you that even for private use, you will still need an O licence…tell them to jog on and call up VOSA as you don’t need one at all. You only need one if you’re being paid to carry goods, but if its helping your sister move house then you don’t need an O licence.
True, in this case (moving sisters house contents) does not require an O-licence. Also true that many hire companies will ask for one, because they do not understand the exemptions from the Regulation. On the other hand they are also scared of somebody hiring a vehicle saying it is for ‘private’ use and then getting the vehicle impounded as the use turns out to be not exempt. O-licences are required for vehicles ‘used in connection with a trade or business, on own account or hire and reward.’ So to say that you only need an O-licence if you are being paid to carry goods is not strictly true.
You sure you’d need to use a Tacho?..when I went for an assessment with sainsbury’s, after the drive the guy (who’s DSA registered) said that as I’m not driving for hire or reward in connection with a business I had no legal obligation to keep my tacho. He said they only use them to prove it was me driving and not him so it didnt go against his hours if we got pulled.
geebee45:
True, in this case (moving sisters house contents) does not require an O-licence. Also true that many hire companies will ask for one, because they do not understand the exemptions from the Regulation. On the other hand they are also scared of somebody hiring a vehicle saying it is for ‘private’ use and then getting the vehicle impounded as the use turns out to be not exempt. O-licences are required for vehicles ‘used in connection with a trade or business, on own account or hire and reward.’ So to say that you only need an O-licence if you are being paid to carry goods is not strictly true.
You sure you’d need to use a Tacho?..when I went for an assessment with sainsbury’s, after the drive the guy (who’s DSA registered) said that as I’m not driving for hire or reward in connection with a business I had no legal obligation to keep my tacho. He said they only use them to prove it was me driving and not him so it didnt go against his hours if we got pulled.
Yes. The private use derogation was removed in April 2006. Since then, all private use of goods vehicles with a MAM over 7500 kg comes under tacho and drivers’ hours regs. I’m not sure about WTD, though - it’s probably exempt from that.
It’s true that a lot of companies won’t hire without an O-licence, though, as they’re the ones who lose out if their vehicle gets impounded.
The guy at Sainsbury’s might have been (incorrectly) referring to the exemption from tacho regs for vehicles being used for driver training or instruction - however, this only applies when the training is specifically for obtaining your driving licence or Driver CPC.
VOSA might be intererested in his opinion when they visit and find that one of their vehicles doesn’t have any tacho records…
