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Ask the MAC – April 2021


Find out the answers to the questions put to the Member Advice Centre

OPERATOR LICENCE DISCS

We have replaced some of our fleet with new vehicles, can we use the new vehicles while waiting for the for their Operator Licence Discs to arrive? 

If you have the margin on your licence, or in your case are simply replacing the old vehicles with new ones, you can use the new vehicles whilst waiting for the discs to arrive.

Ensure the new vehicles have been added to the operator’s licence vehicle list, so in the event of a vehicle being stopped by enforcement, they can see that this has been done and when it was done. If operator discs do not arrive within 28 days, you will need to contact Office of the Traffic Commissioner on 0300 123 9000. 

LOST TACHOGRAPH CARD

My driver has lost his digital tachograph card, he has applied for a replacement, can he still drive? 

DVSA’s latest guidance which was updated in August 2020 states that a driver may drive without their tachograph card for a maximum of 15 calendar days, provided that they produce two printouts – one at the start of the day and another at the end of the day (so long as there is no change of vehicle). 

If your card(s) fails to arrive, contact DVLA by phone on 0300 790 6109 or write to: Digital Tachograph Team, DVLA, Swansea, SA6 7JL. 

TESTING OVERSEAS ARRIVALS 

Are the haulier advice sites the only place we can get COVID tests for drivers returning from abroad? 

As well as the haulier advice sites, drivers can also use: 

  • workplace testing – if the tests are bought from an authorised provider; 

  • community testing;  

  • home-based testing. 

Community testing facilities have no parking provisions for HGVS, so this option is available only to hauliers who can access sites by foot or car and an appointment will likely need to be made. 

Where UK-based international hauliers use workplace or home testing, they will be expected to register the test on the NHS app, which can then be used as evidence. 

BUS LANE ETIQUETTE 

We have to enter bus lanes to service a customer’s premises and think this is ok as long as we don’t actually drive in the bus lane, unless it is to access the customer’s premises. Is our understanding correct? 

You may enter a bus lane to load or unload where this is not prohibited by a clearway, red route or loading ban. However, most bus stops are clearways, which are marked by a yellow line along the kerb and a sign. Do not load and unload in them during the signed times. 

TAXING QUESTIONS

We operate a forklift truck within our depot, this is private land and the public do not have access. On occasion we need to take the forklift onto the public highway to unload an articulated vehicle. The forklift is used directly outside the main gates of the depot on the road. Should the forklift truck be registered if used on the public highway even on the odd occasion?

A forklift truck is classed as a works truck and therefore if used on the public highway it should be taxed, registered and insured regardless of the distance or time whilst in use.

Works trucks are taxed at the special vehicles rate (currently £165) if they exceed 3,500kgs revenue weight, or at the private light goods rate if they do not exceed this weight figure. An electrically powered works truck is exempt from Vehicle Excise Duty.

RIGHT VEHICLE, WRONG SPEED

We have a Ford Transit Connect and the driver has been penalised for speeding, although we believed it to be a car-derived van. It has a gross weight not exceeding two tonnes and has been recorded at 60mph on an A road with a national speed limit sign in England.

A Ford Transit Connect is a rigid goods vehicle for speed limit purposes. To meet the criteria for a car derived van it needs to either based on a car or built on a platform which was designed to be built as a car or van by the same manufacturer. As the national speed limit for a rigid goods vehicle up to 7.5 tonnes in England is 50mph then the penalty appears to have been correctly applied.

TRAINING VEHICLE EXEMPTION

Can you advise if we need to put an 18-tonne training vehicle on our operator licence? This vehicle will not be used at any time to make deliveries or collections.

Driver training is viewed as being exempt from operator licensing, provided no load is carried.

There are EU Regulations (2000/56 EC) that relate to driver training, which may necessitate some vehicles needing to carry a load to make their weight up to a minimum of 10,000kgs when presented for a driving test. However, such additional weight is likely to be a certified load, permanently fixed to the vehicle, and it is considered that compliance with these Regulations will not bring vehicles into scope of goods vehicle operator licensing when they are solely used for driver training.

WHEEL NUT INDICATORS

Is it a legal requirement to fit wheel nut security indicators to our fleet of vans?

There is no legal requirement to have wheel nut indicators fitted to vehicles. Wheel nut indicators can be an aid to drivers to help identify any loose wheel nuts. Although these devices complement good maintenance, they do not indicate or eradicate problems of wheel settlement after wheel removals. It is therefore important that these devices are carefully evaluated before fitment and are only used to complement your maintenance programme, not to replace it.

It is a legal requirement to ensure all the wheels fitted are always in good condition and secure when using the vehicles on and off the public highway.

The optional use of wheel nut security indicators can assist with visual checks carried out by the driver; drivers must be properly trained in their correct use.

FIT FOR PURPOSE

We are looking to find out if there has been any guidance issued from DVLA in relation to drivers returning to work after COVID. Is DVLA considering issuing fitness to drive guidance on the after-effects of COVID?

DVLA’s Drivers’ Medical Policy team is exploring whether a separate medical standard is required for COVID. 

However, its current view is that if a driver develops a medical condition because of having had COVID, that they should follow the guidance in relation to that medical condition, eg heart condition, fatigue etc.

If they feel that their condition may affect their driving they should speak to their doctor.

DVLA is monitoring the volumes of correspondence and queries it is receiving in relation to this. If they are high, then they will consider putting a message on GOV.UK.

LOGISTICS LEARNER

We want to train a driver to upgrade their drivers’ licence to get the Category C entitlement. Please can you advise what the minimum qualification is to legally instruct a learner driver for this entitlement?

The appropriate trainer should have held a full licence for the category of vehicle they are supervising in for at least three years before being able to supervise a learner driver.

Published On: 01/04/2021 14:00:03

 


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