OMO - Driving Regulations

[munkygunn182]

Looking for a hand with from the lads and ladies in uniform here (and particularly any VOSA staff here).

The company I work for are reviewing their planning procedures, I've raised the GB Domestic Rules and how we don't currently comply with these guidelines (and they are only guidelines).

We drive Citroen Nemo, Peugeot Bipper & Nissan NV200 vans in order to provide a service, rather than to deliver goods.

The company & their solicitor believes that as we are not delivering goods, we are not strictly goods vehicles and therefore the GB Domestic Rules wouldn't apply to ourselves - I believe this is incorrect as the legal class of vehicle is a light commercial vehicle which appears to equate to a light goods vehicle.

Can anybody shed any light on this please?

Craig

[NTECUK]

As in defernitions
?http://www.dft.gov.uk/vca/vehicletype/definition-of-vehicle-categories.asp
Or hours driving
If you don't have to use a tachograph. Your under domestic rules
Search for"Rules on Drivers’ Hours and Tachographs"
It's got a flow chart for you to check
I don't know if you could even pull 3.5 tonnes with a nv200!!
Found the link https://www.gov.uk/government/publications/rules-on-drivers-hours-and-tachographs-goods-vehicles-in-gb

[Ch00]

Based on the small amount of info given...

Do you carry people?

If not then they don't apply.

Working time directive is the thing to worry about, along with employers duty of care etc (my understanding)

[munkygunn182]

Thanks sir,

I wrote the above whilst on the phone to the managing director so not as clear as it should be.

"Drivers of certain vehicles are exempt from the duty but not the driving limit, namely – goods vehicles,
including dual purpose vehicles, not exceeding a maximum permitted gross weight of 3.5 tonnes,
when used:
* by doctors, dentists, nurses, midwives or vets;
* for any service of inspection, cleaning, maintenance, repair, installation or fitting;
* by commercial travellers;
* by the AA, RAC or RSAC; and
* for cinematography or radio and television broadcasting."

Based on the above, as we're an inspection/maintenance service then I guess we'd be exempt from the daily duty limit and not the driving limit. Bollox.

Thanks anyway!

[Ch00]

Do you have a link to that info?


Your list looks a like it has been paraphrased from a couple of examples.


The VOSA book HERE (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/208091/rules-on-drivers-hours-and-tachographs-goods-vehicles-in-gb-and-europe.pdf) list a number of exemptions and derogations.

[munkygunn182]

The info I posted comes from the second link on NTECUK's post, just before the section on European rules. (Sorry, back in the office now, so can't log in to post it properly!)

Sent from my Nexus 5 using Tapatalk

[Specialone]

I have absolutely no idea what this means, someone please explain it in simple terms?

I use a van for my work (builder), does this crap affect me?

[NTECUK]

Yes it does affect you if you are using it with the capacity to load of 3.5 tonnes

[munkygunn182]

Long story short, after various discussions with various people - it seems that it always applies to a degree, however, if you look at the exemptions section of Ch00's link, because I use my van to provide an inspection service, the maximum driving hours (10h in 24h) does apply to me, whilst the maximum duty hours (11h max working time in 24h) does not apply to me.

Shame really, as I was hoping to hang the company's new policy out to dry...

[7755matt]

One day the 'plain English' campaign will make it as far as legislative guidance

[Ch00]

I have absolutely no idea what this means, someone please explain it in simple terms?

I use a van for my work (builder), does this crap affect me?

Most vehicles under 3.5 tonnes gross weight will be free from the need to run a tacho.

A builders van that you use to carry tools and material around to do your job will not need a tacho.