The site must be specified on the licence, an operating centre is the base or centre at which a goods vehicle is normally kept. Section 23(6) makes it an offence to contravene any condition attached to an operating centre. The issue of where a vehicle is normally kept when not in use is a question of fact and degree in each case and so it will therefore fall to the Traffic Commissioner to make the necessary findings. Our interpretation would be that vehicles that have been specified on an operator’s licence would not be allowed to be parked overnight on a public road, as this is not the designated operating centre.
TIPPER TEST
One of our 32-tonne tippers has been parked up while recruiting a new driver. During this period the MOT has expired. Can we still drive it to our local maintenance provider for a pre-MOT inspection?
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.
As the vehicle is a 32 tonner and comes under testing and plating regulations 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.
DIZZY HEIGHTS
We have been questioned by a driver of a Luton van, as it does not have a height indicator fitted in the vehicle. Is it a legal requirement to fit a height marker in this type of vehicle or is it just for HGVs/PSVs?
From 1 October 1997, if the overall travelling height of any motor vehicle or trailer exceeds three metres, then there must be a notice in the cab, where it can be easily read by the driver, indicating the overall travelling height (to a tolerance of plus 150mm) in feet/inches or in both feet/inches and metres (but not in metres only).
The numbers must be at least 40mm tall. No other letters or numbers capable of being confused with the height indicated may appear in the cab notice, and no other notice capable of being confused with the statutory height notice may be displayed in the cab.
WILD CARD
Our driver left his digital card in the tachograph unit when the vehicle that he was driving had broken down. The breakdown company has advised that the driver would be unable to get access to the vehicle to remove his card until the vehicle is back at the workshops. However, we would like the driver to continue driving using a replacement vehicle and wanted to double-check he is able to drive on print outs?
Unfortunately, the driver is not permitted to continue to drive using manual records whilst their digital card is awaiting removal from the tachograph unit. Manual records are only permitted when the card is lost, stolen, or malfunctioning and has been reported to the DVLA. If the engineer determines that the digital card has been damaged whilst removing it from tachograph unit, the driver is permitted to carry on driving and use manual records for 15 calendar days.
VOCATIONAL VACATION
Is it a legal requirement for drivers to take their 20 days statutory holiday in a 12-month period?
It is a legal requirement for drivers to take 20 statutory days in a 12-month period – whether this is a calendar year, or a holiday year is up to the driver.
Owing to the COVID-19 pandemic, however, the Working Time (Coronavirus) (Amendment) Regulations 2020 amends the Working Time Regulations 1998 to create a further exemption relating specifically to COVID-19. Where it is not reasonably practicable for a worker to take some, or all, of the holiday to which they are entitled due to the coronavirus, they have a right to carry the four weeks under regulation 13 into the next two leave years.
TEST PASS, LICENCE FAIL
We are looking to employ a driver that has just recently passed his category C test and has his test pass certificate. Following an online driving licence check, the category is not showing on his licence, however it does say “unclaimed test pass” and shows the date he passed. What does this mean?
The unclaimed test pass means that the driver has passed their test but has either not sent their test pass certificate to DVLA, or DVLA has not yet processed the test pass and updated the licence details accordingly. The driver may be able to drive a vehicle of the passed category holding their pass certificate, however the exchange must be made within two years of the pass, or the entitlement will be lost and a further practical and theory test must be taken.
It may be worth checking with your insurance provider to ensure they cover a driver driving under this scenario.
DIGITAL RECORDS
All our capture and storage of safety inspection reports has always been stored manually, with hard copies kept in the relevant vehicle history files. We are now looking at switching to an electronic system. Do we still have to keep hard copies?
It is perfectly acceptable to use an electronic system to capture and store safety inspection data.
Therefore, hard copies would not have to be kept. However, the system must be tamper-proof and capable of producing hard copy information as and when required on request. This could be for DVSA enforcement or for use at public inquiries.
It must clearly state what has been checked and by whom, and there must be a clear end-to-end audit trail. The system must also be able to meet all the requirements as laid down in the Guide to maintaining roadworthiness, including having the ability to store safety inspection and repair work for at least 15 months.
IN CASE OF FIRE
We have heard that all goods vehicles must carry fire extinguishers in the cab, is this true?
It may be best practice, but not all goods vehicles are required to carry fire extinguishers. Vehicles carrying dangerous goods are required to carry firefighting equipment and the amount and size of fire extinguishers carried will be determined by the quantities of hazardous goods they are carrying and the size of the vehicle (Transport Unit).
Regulations also require all minibuses and passenger service vehicles to carry suitable and efficient apparatus for extinguishing fire.
