A) Under legislation, the only time a vehicle with an expired test certificate can be driven on the public highway is to a pre-booked test appointment (it must still be in a roadworthy condition). If you need to take it to a maintenance provider, then it will have to be recovered to the provider.
Another option, as the vehicle is 18 tonnes and comes under testing and plating regulations, is that it can be driven on trade plates. There is a provision which exempts a vehicle from the testing and plating regulations while being driven on trade plates. The regulations regarding the use of trade plates must be fully complied with if this provision is used.
WAITING PERIOD
Q) A driver has completed their 35 hours of periodic training and is awaiting their new card, as the previous DQC card has expired. Can they still drive while this is being processed and sent out?
A) You can still drive professionally while waiting for your card if both of the following apply: that you have completed your periodic training; and the training provider has recorded the training (they must do this within five working days of the training ending). Check your Driver CPC periodic training hours.
If you do not receive your new card within 20 days of the date you’re due to get it, you’ll need to contact the DVSA. You’ll have to pay £25 if you take longer than three months to tell DVSA it has not arrived or if it’s sent to an old address because you have not updated your licence.
BOWSER POSER
Q) A vehicle is loaded with two 1,000-litre bowsers. One of them is empty and the other is nearly full. Would this be in scope of ADR?
A) If both of the bowsers have fuel residue within them, then they would be classified as full under ADR. This would not be the case if the empty one has been cleaned and purged, with the certificate to prove this. Under the ‘exemptions related to quantities carried per transport unit’ a vehicle may transport up to 1000 litres of diesel before coming into scope of ADR. The driver would still need driver awareness training to operate under this exemption.
PLAQUE ATTACK
Q) One of our vehicles has returned from the garage for a tachograph calibration without a new plaque. The maintenance provider has claimed that this is no longer required. Is this correct?
A) The HGV inspection manual states that where a “tachograph installation/calibration plaque is out of date”, this would be classified as a Major deficiency on the test. The Approved Tachograph Centre manual also states that, at step 25, during the recalibration procedure, a new calibration plaque is attached to the appropriate location.
HEAVY LEVY
Q) Could you please advise me if the HGV levy will apply to double decker buses that are using the public roads?
A) This originally seemed to be a straightforward question, however, after reading through the HGV Road User Levy Act 2013, the levy is only applicable for heavy goods vehicles that are used or kept on a road to which the act applies.
Within the act the meaning of a heavy goods vehicle means a mechanically propelled vehicle with a revenue weight of 12,000 kilograms or more, or a heavy motor car within the meaning given by section 185 of the Road Traffic Act 1988.
When we look at section 185 of the Road Traffic Act 1988 the meaning of a heavy motor car means a mechanically propelled vehicle, not being a motor car, which is constructed itself to carry a load or passengers and the weight of which unladen exceeds 2540 kilograms.
Given this information as long as the PSV is not registered as a heavy motor car, and they are registered as a bus they are exempt from the HGV road user levy.
If the vehicle is registered as a heavy motor car and the unladen weight exceeds 2540 kilograms, they would fall under the HGV road user levy.
PERMIT CONUNDRUM
Q) Can buses operating under a section 19 or 22 permit carry goods, other than the goods/luggage of the passengers?
A) Section 19 and section 22 of the Transport Act 1985 allow organisations that operate in Great Britain without a view to profit to have a permit which exempts them from the need to hold a PSV operator’s licence when providing transport for a charge.
These permits are related to the transport of passengers, not the transport of goods, so you would not be eligible to transport goods in a minibus using a Section 19 permit.
Ideally, you would be transporting goods in a vehicle constructed or adapted to carry goods. Passenger carrying vehicles can carry goods such as the personal effects of passengers whereby it is vital they are secured properly, but without any passengers on board this activity would simply be transporting goods in a vehicle not designed or operated for those purposes.
AREA 31
Q) Our company operates a small fleet of 7.5 tonne vehicles under a Standard National Operator licence. We have just been notified that the business is going into administration and would like to know how it would affect the operation and if it is possible to still deliver goods using our vehicles?
A) In certain circumstances you can apply to a Traffic Commissioner to carry on the trade or business of the holder of a goods vehicle operator’s licence. You need to complete an ‘Application to invoke regulation 31’. This form is usually completed by the administrators and then sent to the Traffic Commissioner to await a decision.
TAKE NOTICE
Q) Our current transport manager has suddenly handed in their notice to leave the company. Can you advise the maximum time permitted before we must appoint a replacement?
A) The Senior Traffic Commissioner, Statutory Document No.3, Transport Managers, paragraph 67, Grace Period, explains that a company will have up to six months to replace a transport manager, which could be extended by three months in the event of death or physical incapacity of the transport manager.
However, you would need to notify the Traffic Commissioner within 14 days and explain the plans to replace and the estimated timescale. The Traffic Commissioner will then decide if they require any further information and advise you if they agree to the estimated timescale of replacement.
*www.logistics.org.uk/mac
