As your HGV’s annual test has expired, it can only be driven on the public highway to a pre-booked test.
If the vehicle needs to go to the maintenance provider for mot preparation, it will need to be recovered or taken under a trade licence. There is a general exemption from the HGV testing scheme for vehicles used unladen under a trade licence. The vehicle must be in the trade licence holder’s temporary possession and in a roadworthy condition.
DRIVE TIME
Some of our vehicles are always operated under GB Domestic hours rules. Drivers’ hours are recorded using a logbook. As tachographs are fitted to these vehicles, do they need two-yearly calibration?
Where a tachograph is fitted to a vehicle, but there is no requirement to use it (operation is out of scope of the retained EC 561/2006 EU hours rules), the tachograph would only require an initial calibration and sealing. Should there be a need to operate under EU hours rules in the future or if using the tachograph to record GB domestic hours, then the full rules regarding the use of tachographs, including calibration must be adhered to.
SIGNATURE WORK
On a vehicle inspection pad in the inspection signature column, is the fitter allowed to sign if he has no certificates to prove his qualification?
As long as the inspector is competent in their work (vehicle/trailer Inspections) this can be through certification or experience. There is no reason why they could not sign off the inspector part of the form.
TRAILER TALK
We have a question regarding our operating centres: if we store trailers belonging to a third party (these trailers are surplus to their operation currently so will not be used) in one of our operating centres, would these trailers count towards the total number of trailers authorised on our O licence for that operating centre?
The third-party trailers would need to be parked away from your own trailers (a defined area for the third-party trailers). The trailers should also be immobilised in some way and marked up as storage only.
This would prevent any issues if DVSA came on site, or if one of your own drivers mistakenly tried to hook up a third-party trailer.
CAPITAL VISION
I understand that TfL has introduced a grace period for operators for Direct Vision Standards?
TfL is developing an ‘allow list’ of vehicles whose owners/operators have begun the HGV Safety Permit application process and/or have vehicles booked in to have the Safe System components installed.
Vehicles registered on this list will be given a grace period of 90 days. Operators will be required to submit evidence from the fitter/garage on branded documentation with details of the appointment for the installation of Safe System equipment to their vehicles, plus their Vehicle Registration Number, to DVSGracePeriod@TfL.gov.uk before 1 March 2021. TfL will review the request and send written confirmation of the outcome.
MARKING TIME
With the introduction of the Mobility Package, there is now a requirement for all drivers subject to EU drivers’ hours and tachograph rules to make a tachograph record of all their activities, that includes rest periods and periods of ‘other work’. Is this requirement applicable for every day, including days when they may not be driving a tacho vehicle?
Under the new regulations a driver will need to have a complete and full record for the previous 28 days when working under EU rules, this can be recorded by the following methods:
- written manually on a tachograph chart;
- written manually on a digital tachograph printout;
- made using the manual input facility of a digital tachograph.
TYRE TALK
Has a new law been introduced regarding the age of tyres used on HGVs?
From 1 February 2021, Construction and Use Regulations will not allow tyres aged over 10 years old to be used on the front steered axles of HGVs, buses, coaches, or all single wheels fitted to a minibus.
If used it will mean a dangerous fail at annual test and a prohibition, and, if found at a DVSA enforcement check, it will be considered dangerous and attract an ‘S’ marked immediate prohibition notice.
It will also be a requirement for the manufacturer’s date code to be legible on all tyres fitted to HGVs, trailers over 3.5 tonnes, buses, coaches and minibuses. If using a re-tread tyre, the manufacturer date is taken from the date the re-tread was done.
FURLOUGHED TIME
How do I record a furloughed drivers’ working time?
Time spent furloughed does not form part of the calculation of the average maximum weekly working time if a furloughed worker is not doing other work, including any training that would usually be recorded as working time.
Work that is undertaken by a mobile worker while they are furloughed (eg for a different employer) that is in scope of EU regulations must be recorded and form part of the calculation of the worker’s average weekly working time. ‘Other work’ must be recorded if conducting work for another employer which does not involve driving vehicles under the EU or AETR rules.
