A driver who holds a Category B driving licence can drive an alternatively fuelled vehicle up to 4.25t if they have completed five hours of classroom training from an accredited trainer. A driver who is using this derogation is driving the vehicle on category B entitlement, meaning no Driver CPC is required. A driver who passed their car test before 1 January 1997 also has category C1 entitlement, so can drive the same vehicles without the derogation, but will be in scope of Driver CPC. If making use of alternatively fuelled vehicles up to 4.25t in a fleet, it’s important to be clear on which entitlement pre-’97 drivers are driving and that they hold either the derogation training certificate or a valid Driver CPC.
MEDICAL ADVICE
All our HGV drivers over 45 undergo five-yearly medicals when they renew their vocational licences. However, we also operate two 7.5t vehicles, which are driven by pre-’97 licence holders who have their C1 by acquired rights. Both these drivers are over 45 but have never had a medical, should they have done? The C1 expiry date is the same as their category B car licence.
If the two drivers in question had gained their C1 entitlement through a test pass then the rules regarding medicals would apply. As the C1 entitlement your two drivers hold is classed as acquired rights, it was gained through their pre-1997 car licence so the rules for car drivers and medicals apply. However, a medical will be required by these drivers if they wish to retain the entitlement after the age of 70.. There is still the requirement for the driver to inform DVLA of any medical conditions that may affect his/her driving under the conditions of the licence, whether a medical is required or not.
CHECKS AND WHEEL BALANCES
Can you provide me with a definitive answer on the legal requirements for pre-use vehicle checks and the time that’s required by the driver?
The requirement for a driver to carry out a pre-use vehicle check is not a legal requirement. However, a driver is always legally responsible for the condition of the vehicle when in use on the road, and the driver walkaround check or pre-use check, which is recorded is common practice, and is a way to show enforcement that the driver has carried out a pre-use check and has recorded the condition of the vehicle and any defects and then reported this to a responsible person with sufficient authority to ensure the appropriate action is taken.
The Guide to maintaining roadworthiness does not stipulate a precise time for a walkaround check. However, the traffic commissioners would expect a ‘reasonable’ amount of time appropriate to the size of the vehicle to be shown whenever a vehicle is taken over by the driver.
PERMISSIVE ACCESS
What is the legislation around using electric scooters? I often see staff driving through the gate on their own private scooters and given members of the public have some access to the site, I wonder if the use of private electric scooters doesn’t extend to places like our depot.
Regarding powered transporters, which is the term used to cover a variety of novel emerging personal transport devices which are powered by a motor, including e-scooters, there are no statutory restrictions on their use on private land which is not accessible to the public. However, the permission of the owner and/or occupier of the land will be required.
If the depot did not allow members of the general public on site, this would be classed as private land, however, if the landowner has agreed to let people use it by the fact, they allow them access to go about their business, this is known as giving permissive access, and they have given a public right of way. At this point our interpretation would be that this is not classed as private land as by default, you have agreed and given the person access to use it, and as such, the use of powered transporters would not be allowed.
TACHO TALK
Can you tell me if vehicle tachograph units (VU) need to be legally downloaded if they are used with digital tachograph cards to record GB domestic drivers’ hours? If so, is it the standard 90 days and are they required to account for mileage discrepancies?
If the drivers are legally required to record their activities under GB domestic rules and choose to use the digital tachograph to record these activities, all legal requirements relating to the fitment and use of digital tachographs must be observed, including the production of records at the roadside, and the requirement to download driver cards within 28 days and the VU within 90 days.
It would, therefore, be a requirement to monitor the missing mileage discrepancies.
HOBBY HORSE
If a driver drives a 7.5t horsebox at the weekends for personal purposes, do they need to use a tachograph? They do not receive any payment for this.
DVSA has produced guidance on transporting horses in horseboxes and trailers which states ‘you do not need to follow drivers’ hours rules if your horsebox or vehicle and trailer has a MAM [maximum authorised mass] of less than 7.5t and is used for non-commercial purposes’.
This derives from the exemption from EU drivers’ hours rules for vehicles, or combinations of vehicles, with a MAM not exceeding 7.5t used for the non-commercial carriage of goods.
If no sponsorship is received, it would be reasonable to suggest the above exemption applied. However, if sponsorship is received, then this could be viewed as either indirect or direct commercial activity, meaning the exemption would not apply and a tachograph would be required.
ALL FUEL, NO DUTY
Can we use rebated fuel in the arboriculture side of our business in ancillary equipment such as wood chippers?
On 15 March 2023, HMRC published a policy paper allowing rebated fuel to be used in machines and appliances used by arborists for all forms of tree work, as they could before the wider changes to the use of rebated fuel were made in April 2022. The recent change does not, however, permit rebated fuel to be used in vehicles in relation to arboriculture. HMRC recognised that its interpretation of horticulture and forestry did not include some aspects of arboriculture which led to unintended difficulties for businesses in the arborist sector, hence this update.
SHIFTING SANDS
If a driver does a 15-hour shift on Monday, Tuesday, and Wednesday, then has Thursday and Friday off, could he do 15-hour shifts on Saturday and Sunday in the same fixed week?
While this may be permissible under drivers’ hours rules, as the daily rest requirements allow a driver to reduce their daily rest to a minimum of nine continuous hours up to three times between their weekly rest periods, this may create an issue with the Working Time Directive and the maximum 60-hour weekly limit, which runs for a fixed week.
*www.logistics.org.uk/mac
