Within the ADR regulations, 5.1.3.1 states that ‘Empty unclean packagings (including IBCs and large packagings), tanks (including tank-vehicles, battery-vehicles, demountable tanks, portable tanks, tank-containers, MEGCs), MEMUs, vehicles and containers for the carriage in bulk having contained dangerous goods of the different classes other than class 7, shall be marked and labelled as if they were full’.
IMPAIRED VISION
We had a vehicle stopped over the weekend and it was issued with a PG9 because the driver had a tray in the front windscreen with a sat nav mounted on it. This was deemed to be seriously impairing the driver’s view to the road. After removing the items, the driver was then issued a PG10. However, we were also issued a further PG9 for an incorrect Dangerous Goods note as it did not have the correct shipping name and one of the packages was missing a class label. The driver was sent on his way after the correct details were added and a new label affixed to the product. We did not get any clearance paperwork for this, is this correct?
A dangerous goods PG9 is different to a roadworthy PG9. Where a roadworthy PG9 can be removed by the issue of a PG10, the dangerous goods PG9 is simply removed by rectifying the fault. However, the enforcement agencies could still prosecute if they feel there is a need to pursue the matter.
PENALTY TAKING
I picked up a third-party trailer to do a delivery within Central London and I received a PCN for the trailer not having any signage within the DVS area. Can I dispute this, as it’s not my trailer?
As the user of the trailer then you are responsible for ensuring it meets the standards when entering the Direct Vision Area in London so the PCN will need to be paid. Consider discussing and drawing up in a contract with the owner of the trailer that they will supply compliant trailers under the Direct Vision Standard scheme.
TACHO TALK
One of my new drivers has an EU tachograph card and wishes to exchange this for a UK one. Is this possible when the EU tachograph card is still valid?
If a driver was to apply to exchange an EU driver tachograph card this would be possible while they have a valid EU one by using form D777B. They should retain their EU card and continue using it whilst the application is in process. When they receive their new UK tachograph card, they must start using the UK one immediately and send the EU card to DVLA. A written instruction is sent to the driver at this point.
SERVICE SLIPPAGE
We have a fleet of trucks that is on a regular six-week service schedule. We have found some instances where the service provider is unable to complete the services that are due, meaning sometimes they fall into the next week, but are completed within two days of their due date.
Is this acceptable providing I can provide evidence the booking was on time?
If these vehicles are not inspected in the same International Organisation for Standardisation (ISO) week, the late inspection could have implications for your operator licence, as there is some flexibility provided in Section 4.3 of DVSA’s Guide to maintaining roadworthiness. The inspection should be completed in the relevant ISO week that it falls, which is defined as always starting with Monday through to Sunday.
TESTING QUESTION
Some of our 3.5t maximum authorised mass (MAM) vans are due to be replaced with alternatively fuelled vehicles of 4.25t (MAM). These will be purely electric vehicles. What are the requirements in relation to the annual MOT test?
An electrically propelled motor vehicle first registered before 1 March 2015 is exempt from annual test. All other alternatively fuelled vehicles 3.5t MAM and below will be subject to testing (MOT) in their third year after initial registration. An alternatively fuelled vehicle over 3.5t MAM will be subject to the HGV testing scheme with its first test one year after registration.
*www.logistics.org.uk/mac
