So long as the documentation is given to the owner of the vehicle after the inspection, they would be able to start operating.
If they must print something or wait for it to be delivered, then they would need to be in possession of the documentation first before loading as this would be the evidence of authorisation.
DRUG DRIVING
If a driver has an accident and is found to be under the influence of drugs on an internal company test once back at the depot, not completed roadside by the police, should the Traffic Commissioner be informed?
As there has been no conviction, there is no legal requirement to notify the Traffic Commissioner. The requirement to notify the Traffic Commissioner only comes when a conviction has been issued, but if this dealt with internally and there is no third-party involvement, there would be no need to notify the Traffic Commissioner. This does not, however, stop the operator from informing the Traffic Commissioner.
LIFE IN THE TOW LANE
What can our drivers who hold Class C1E (restriction 107) licence tow on the back of their 7.5t car transporters?
With the C1E 107 restriction code this relates to a group 1 licence (test passed pre 1997).
The drivers who hold this category through acquired rights will be limited to a combination of 8,250kg unless a further test has been passed. Therefore, if the vehicle has a MAM of 7,500kg they will be limited to a MAM trailer of 750kg.
IN THE DRIVER’S SEAT
I have an employee who will infrequently drive, as most of their role is office based. Can I use a logbook or a diary as a means of recording their ‘other work’?
There are only three methods for drivers in scope of EU drivers’ hours rules to record their other work, which are listed in DVSA’s GV262, and Regulation (EC) No 561/2006.
The record of other work must be either:
· written manually on a chart;
· written manually on a printout from a digital or smart tachograph; or
· made by using the manual input facility of a digital or smart tachograph.
Additionally, for days where a driver has been subject to the domestic drivers’ hours rules, a domestic drivers’ hours record book may also be required under those rules.
TIME OUT
Following changes to regulations in August 2020 is there now a requirement for drivers to record all periods of inactivity on their digital tacho cards using the bed symbol?
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 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.
DRUG TESTING
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 can’t 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.
LOAD SECURITY
Our driver had secured two timber fence panels to the headboard of his flatbed truck. After travelling over some rough terrain, the panels had come loose and then fell from the vehicle. We would like to know what action would be taken from a DVSA point of view?
Taken from the DVSA Enforcement Sanctions Policy matrix for insecure loads.
This would be a Type B load (timber), then it could fall into Category 2 (inadequate load securing leading to likely risk of harm) or Category 3 (unsuitable load securing). The driver could receive a verbal warning or a PG9 with a £100 fixed penalty, with a follow up enquiry for the operator.
MARKING TIME
What drivers’ hours rules would a driver of a 12-tonne road sweeper work under, carrying out road maintenance on a public highway?
The driver could operate under GB domestic rules where the activity falls outside of the scope of EU drivers’ hours rules (road maintenance derogation). The driver would be restricted to a maximum of 10 hours driving within 11 hours of duty time completed within a rolling 24-hour period. The driver would need to record their hours using a driver’s logbook. A tachograph may also be used to record GB domestic hours. A briefing note is available from the Member Advice Center, call 0370 605 0000.
