Ok - dad has decided to take on a chap that can sort the yard out, do the local van runs for sisters buisnesses florist & ironing- and then cover the lorries if we are really busy or someone calls in sick or is on holidays - save us booking an agency.
It all sounds great on paper - but I will have to sort the office records out - and I aint got a clue - I was hoping it was going to be the simple.
I think i am right that if he drives in a in scope vehicle - what ever work he has done that day will need to be recorded on his tacho as other work but what about other days for the same week or can he use a diary to say - yard work or van work ? and what about breaks and rest for the non in scope days- or do i only worry about this when he has to go out in one of the trucks?
Drive under EU regs for part of a day means that all that day the driver is under EU regs rules and it also means that they are under weekly rest rules for that fixed week
All records for all the work done in that fixed week must be officially recorded which does not mean a diary - it means domestic record sheets for the van work and for the rest, using seperate analogue cards is probably easiest
I basically do loads of things which includes working in the office, the workshop, driving van and driving trucks.
VOSA are quite satisfied if your out of scope work is recorded in a diary.
This is part of an email I got from VOSA, it was about using van and trailers, but covers out of scope record keeping.
(v) Whether the vehicle is ‘O’ licence or not; the driver will need to comply with tachograph / drivers hours rules at all times when the trailer is attached. In addition they must comply with the required daily rest periods and weekly rest periods in any week when the trailer is used. They should also, in any week within which the trailer is used keep a full record (including times not just duration of work) of the drivers hours for ‘other work’ (outside of the scope of EU regs), which he should carry with him. This may be any form, eg: a diary, or worksheet. They may find the drivers hours guide (below) useful; also, the DVD has now been uploaded to YOU TUBE - I believe it is in two parts they need to be familiar with the EU hours section.
If he only drives the van in a fixed week - he does not need to do anything - as its not on an o licence - and breaks are not enforcable - but if he does have a big smash then we have to prove his breaks and rest were adequate.
If he drives one of the trucks, he needs tacho records or a log book for each day he works of that week. But other days that make up the previous 28 calander days could be accounted for with a diary - i.e working in yard - working at florists ■■
If he only drives the van in a fixed week - he does not need to do anything - as its not on an o licence - and breaks are not enforcable - but if he does have a big smash then we have to prove his breaks and rest were adequate.
If he drives one of the trucks, he needs tacho records or a log book for each day he works of that week. But other days that make up the previous 28 calander days could be accounted for with a diary - i.e working in yard - working at florists ■■
If he only drives the van in a fixed week - he does not need to do anything - as its not on an o licence - and breaks are not enforcable - but if he does have a big smash then we have to prove his breaks and rest were adequate.
If he drives one of the trucks, he needs tacho records or a log book for each day he works of that week. But other days that make up the previous 28 calander days could be accounted for with a diary - i.e working in yard - working at florists ■■
The way I read the email is that I only have record the out of scope activity for the week that the driver drives an in scope vehicle. This can be a diary or worksheet or tachograph.
If you are operating a vehicle that isn’t covered by an O’licence E.G. a van not over 3.5t GVW you don’t have to record your hours, but you come under domestic hours reg if you drive for more than 4 hours a day.
ROG:
A diary is not legally acceptable for the EU regs - that is shown in both 561/2006 and GV262-03
A diary satisfies VOSA, I’m not the only person who has been told that from VOSA another race team had a problem with their O’licence and VOSA visited them before letting them have it back. They told them that the drivers should record their out of scope working using a diary.
If the OP is worried then email VOSA and ask them what he should do?