The driver daily walkaround checks form part of your maintenance system. They are put in place to ensure to the best of the driver’s knowledge when he or she takes a vehicle out on the road it is in a safe and roadworthy condition. Any defects found by the driver that would affect the roadworthiness of the vehicle, ie worn tyres, defective lights etc, can be spotted and rectified before the vehicle is used on the public highway.
Driver daily walkaround checks are a requirement for vehicles operated under operator licensing (as a means of ensuring they are in a roadworthy condition) but as you have this in place for all your vehicles this can only be a good thing. A point worth noting is the fact that problems found on non-operator licence vehicles can reflect badly on your operator licence and would attract unwanted attention from DVSA. You have a duty to ensure all your vehicles used on a public highway are in a safe and roadworthy condition, and daily walkaround checks are a proven method of helping to comply with this requirement.
VOCATIONAL VACATION
Do our drivers have to take holidays? The driver in question is a full-time driver and works under EU drivers’ hours’ rules which we conform with. The problem we have is that this particular driver never wants to take holiday and would rather be at work.
Everyone needs a holiday from work even if only to recharge the batteries. Under the Road Transport (Working Time) Regulations 2005, mobile workers are required to have a minimum of 20 days’ statutory holiday per year. This is a legal requirement. Where paid annual leave is concerned the main Directive states 20 days, but the UK government has extended this to 5.6 weeks.
WITHOUT DUE CARE
One of our drivers is facing prosecution for driving without due care and attention while driving one of our vehicles. This is in the early stages – we’ve only just had the letter from the police. The driver concerned has never been involved with anything like this before and has no points on his licence. We’ve sent his details to the police and requested any video/photo footage that they have. Do we need to do anything else? Do we need to inform the Traffic Commissioner?
At this moment, there would be no requirement to report this to the Traffic Commissioner (TC) as there has not been a conviction. It would be prudent to begin the internal investigation and if there are any changes to policy that can be made to prevent the issue happening again, then it would be a good time to implement them. This will demonstrate to the TC that the issue has been investigated and is being taken seriously with a proactive approach.
HOT TOPIC
Do standard general haulage vehicles need to carry a fire extinguisher?
Fire extinguishers are only legally required in vehicles subject to ADR (as per 8.1.4 of the ADR handbook) or public service vehicles (PSVs) (as per part III (35) of the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981).
It may be deemed as good practice or part of company policy to have a fire extinguisher on board any other goods vehicle, however it is not a legal requirement.
A TAXING QUESTION
Is the road user levy for UK registered vehicles paid separately or is this cost incorporated into Vehicle Excise Duty (VED)? Also, we are aware that one is suspended at present, when will this be reinstated?
In the UK, the road user levy, or HGV levy is incorporated into a vehicle’s VED payment. The HGV levy is suspended until 31 July 2023, owing to UK government measures to assist operators during the COVID-19 pandemic. This is why the VED rates have been lower recently. Vehicles visiting the UK would normally be expected to pay before entry to the UK, however this is currently suspended, and will restart on the same date as UK registered vehicles.
BANK HOLIDAY BLUES
Some of our drivers have said that the recent bank holidays must be given as paid leave on top of their annual holiday entitlement. Our terms of employment state that bank holidays are included in the entitlement calculation. Can you tell us what the rules are on this?
Bank holidays, or public holidays, do not have to be given as paid leave, meaning an employer can schedule work if required.
Employers are able to can choose whether bank holidays are incorporated into the annual leave entitlement, or if these are given as additional days. This should be stipulated in the contract of employment.
FREEZE SCREEN
With the cold snap we are finding the washer bottles on our vehicles have frozen and will not pass water through the pipes in order to clear the windscreen when required. Is this an offence as this is weather related and not driver negligence?
Yes, the driver could receive a fixed penalty notice for contravening section 42 of the Road Traffic Act 1988 and the Construction and Use Regulations as follows:
30.—(1) Every motor vehicle shall be so designed and constructed that the driver thereof while controlling the vehicle can at all times have a full view of the road and traffic ahead of the motor vehicle.
(3) All glass or other transparent material fitted to a motor vehicle shall be maintained in such condition that it does not obscure the vision of the driver while the vehicle is being driven on a road.
34.—(1) Subject to paragraphs (4) and (5), every vehicle fitted with a windscreen shall, unless the driver can obtain an adequate view to the front of the vehicle without looking through the windscreen, be fitted with one or more efficient automatic windscreen wipers capable of clearing the windscreen so that the driver has an adequate view of the road in front of both sides of the vehicle and to the front of the vehicle.
(6) Every wiper and washer fitted in accordance with this regulation shall at all times while a vehicle is being used on a road be maintained in efficient working order and be properly adjusted.
TAKING A DIM VIEW
With the weather conditions we are having lately, and daytime visibility is poor, are daytime running lights sufficient for driving in?
No, daytime running lights or DRL’s would not be adequate in this type of weather conditions or poor visibility. The Road Vehicles Lighting and Marking Regulations 1989 are quite specific on this matter. Regulation 25 requires vehicles to use dipped headlamps when visibility is seriously reduced. Front fog lamps may be used instead, providing that the edge of the light is within 400mm of the edge of the vehicle.
*www.logistics.org.uk/mac
