A: Unfortunately, there is no specific guidance on leaving cards in vehicles, however there are numerous references within legislation which define the driver card as being the responsibility of the driver and ensuring that it can only be used by them. Examples of this can be found in EU 165/2014 Article 27, which states ‘The driver card is personal.’ This is then reinforced in EU 165/2014, Article 34 which confirms that ‘Drivers shall adequately protect the record sheets or driver cards, and shall not use dirty or damaged record sheets or driver cards.’
Looking at the digital tachograph rules in the government guidance document GV262, it confirms the rules for driver cards stating that ‘Drivers may only be in possession of one driver’s card and must never use anyone else’s card or allow another driver to use their card.’
By leaving the card in the vehicle, it opens the possibility that the card may be used by someone other than the authorised person, even unwittingly. This could be, for instance, moving for loading or unloading or even a vehicle inspection.
WINDSCREEN ZONES
Q: What is meant by the zones on a windscreen? We have had a vehicle presented and the tester said that there was damage within Zone A.
A: There are three zones within the area of the windscreen, and these are defined within the HGV inspection manual. Zone A is 350mm wide which is measured from the centre of the steering wheel. Zone B is the remainder of the swept area. Zone C is the area that is outside of the sweep of the wipers.
The HGV inspection manual defines the swept area as ‘area swept by the wipers in their normal operation and does not include any additional area of the screen covered by the wipers to reach the parked position or which the original manufacturer has designed as opaque.’
STEP UP TO THE PLATE
Q) I have had to order replacement ministry plates for two of my trailers from the DVSA. They have emailed me a link to print them off which is fine, but from memory I thought we must display the originals on the trailer. Do you know if a copy is ok to print please?
A) From 20 March 2023, the DVSA updated the guidance about the procedure when you apply for a replacement set of HGV or trailer plating certificates or ministry plates, where the originals have been lost or damaged. Once you have applied and paid for replacement documents, DVSA will email an A4 PDF document to you. This contains an A5-sized plate and an A5-sized plating certificate on the same page. You will need to print this out and then cut the paper into its two parts.
You can print on any type or colour of A4 paper, as long as all parts of the plate and plating certificate are clear to read. DVSA recommends that you laminate the plate to help protect it, but it is not a requirement.
You can save the PDF file so you can print out replacements if the plate or plating certificate are damaged or lost in the future.
STEP UP TO THE PLATE (pt II)
Q) In the case of a VTG plate not being reported as missing and therefore no replacement applied for, would the operator be open to any type of enforcement?
A) Within the DVSA Enforcement Sanctions Policy, if no ministry plate is displayed on the goods vehicle or the trailer, the operator could be given an Offence Rectification Notice (ORN), which states that the offence is rectified within a set period of time, and documentary evidence is produced to this effect. However, if the operator fails to respond within the time period then enforcement may conduct Follow Up Enquiries (FUE). Follow Up Enquiries may also be undertaken for causing and permitting.
TACHO TIME
Q) We have vehicles which are fitted with tachograph units. However, they are not used as we operate under GB Domestic rules. Is there a requirement for these vehicles to be presented every two years for a tachograph inspection/recalibration?
A) Where a tachograph is fitted to a vehicle (subject to the domestic rules but is not used to produce a legally required record), the operator and driver should ensure that the tachograph is calibrated and sealed. The tachograph does not have to be recalibrated, provided the seals remain intact and the vehicle remains out of scope of the EU rules.
MONEY MATTERS
Q) Would we be able to pay our drivers extra money for trips completed or per load?
A) Under Regulation (EC) 561/2006 Chapter III, Article 10 states that a transport undertaking shall not give drivers it employs or who are put at its disposal any payment, even in the form of a bonus or wage supplement, related to distances travelled, the speed of delivery and/or the amount of goods carried if that payment is of such a kind as to endanger road safety and/or encourages infringement of this Regulation.
ALTERNATIVE THINKING
Q. Does my driver need a Driver CPC qualification to drive an alternatively fuelled vehicle weighing 4.25t maximum authorised mass (MAM)? They have completed the five hours of accredited training so are using the category B concession for alternatively fuelled vehicles, but they also have the C1 entitlement through acquired rights.
A. As they are using their category B entitlement to drive the vehicle, Driver CPC would not be required as Driver CPC applies when drivers are using a vocational entitlement to drive vehicles. If the driver had not completed the five hours of accredited training, the category B concession criteria would not be met, meaning they would be using their C1 acquired rights entitlement, bringing the driver in-scope of Driver CPC unless a specific exemption applied.
NORMAL LOAD
Q. Are we able to move a ‘normal load’ on a Category 2 Special Types General Order (STGO) wide trailer?
A. Loads which comply with Construction & Use (C&U) and Authorised Weight Regulations can’t be carried on an abnormal indivisible load vehicle (AIL), even as a backload. When an AIL vehicle is dual-plated - for both C&U and STGO use - then normal loads can be carried, in line with the weights set out on the ministry plate for the vehicle or trailer.
PROBING QUESTION
Q) We operate a small fleet of skip lorries. Recently we had one of our vehicles stopped by DVSA at a roadside checkpoint. A prohibition was issued for a cut in a tyre. We replaced the tyre immediately and had the prohibition cleared. The driver said a probe was used by the vehicle examiner when checking the tyre. Are they allowed to use a probe?
A) Where the examiner finds a tyre with a deep cut, they are permitted to use a probe to see if any cords are exposed or damaged. If the examiner finds exposed or damaged cords, this could attract a prohibition at roadside. Where there are small cuts and the cords are not exposed or damaged, the Categorisation of Defects states: “Cuts which are deep enough to reach the cords or ply but are less than 25mm or 10% of the section width, whichever is the greater, and have not damaged or exposed the cords or ply do not breach the legal requirements for tyres.”
BRAKE TIME
Q) Where our trailer fleet is concerned, we are starting to use an electronic braking performance monitoring system (EBPMS) as evidence of compliance regarding brake testing. However, this only measures service brake efficiency and not park brake. Where do we stand with this?
A) Regarding your dilemma, 5.4 of the latest Guide to Maintaining Roadworthiness states: “Where electronic braking performance monitoring system (EBPMS) is unable to assess parking brake performance, but the service brake performance is reported to be performing satisfactorily by an EBPMS, a visual inspection of the parking brake components and a suitable drag or gradient test to check system operation would be accepted as the minimum requirement for a parking brake safety inspection. If there is any doubt over the parking brake performance, further tests must be conducted. Please note – EBPMS cannot be used as a replacement for the statutory MOT brake test.”
Updated guidance on EBPMS can be found on GOV.UK.
