Yes – Regulation 2020/1054 makes law previous guidance from the European Commission regarding recording other work. This stated that a driver is obliged to produce the full set of tachograph records for the current day and previous 28 days at the roadside. These records should cover all periods of activity (driving, availability, out-of-scope driving, other work) and inactivity (breaks, rest periods, annual/sick leave) for every day. When it is not possible to use the tachograph to record a driver’s activities and inactivity, these should be recorded retroactively using manual entries on the day when a driver activates the tachograph following the period of being away from the vehicle.
TESTING TIMES
Can a driver refuse to undergo a drugs/alcohol test?
Employers have to have consent if they want to test for drugs. Usually this is when they have a full contractual health and safety policy, which should be in the contract or staff handbook.
Employers should:
- limit testing to employees that need to be tested;
- ensure the tests are random;
- not single out particular employees for testing unless the nature of their job justifies this.
Workers cannot be made to take a drugs test but if they refuse when the employer has good grounds for testing, they may face disciplinary action. This should be detailed in the company policy.
ENTITLEMENT TO DRIVE
I have a Transport Manager CPC will this allow me to drive a 7.5T?
Completing the Transport Manager CPC will not allow someone to drive a vehicle they do not have the entitlement to drive. If you wish to drive a 7.5 tonne commercially you will need a Driver Qualification Card (DQC), more commonly known as Driver CPC.
To obtain this you will need to take the Initial Qualification for Driver CPC for new drivers or if you are an acquired rights driver who has not yet acquired a DQC, you can obtain your first one through either completion of 35 hours of periodic training or the Initial Qualification, which consists of modules 2 & 4.
HIGH MAINTENANCE
We have a vehicle on lease and the suppliers (hire company) are subcontracting the maintenance to another provider. Who does the letter of intent need to be from – the actual provider who are carrying out the service, or the leasing company who own the vehicle but are subcontracting the work out?
As the vehicle lease contract is between yourselves and the lease company, which includes any maintenance, your maintenance contract/agreement should be between yourselves and the lease company. This would be the case even where the lease company sub-contract out the maintenance work.
