The Driver and Vehicle Standards Agency (DVSA) has confirmed the requirement for most HGV vehicles and trailers to be presented for test laden. Test requirements have not changed, but DVSA will be able to refuse to test vehicles that are not exempt, and which have not, or will not, be loaded. For testing, you need to aim to apply at least 65% but no less than 50% of the design axle weight on each axle of the vehicle and/or trailer.
Your vehicle/trailer does not necessarily have to be presented for test laden if the Authorised Testing Facility (ATF) has the ability to load the vehicle and/or trailer and this provision has been arranged. We advise you discuss this with the ATF prior to your testing appointment.
However, as the testing requirements have not changed, there are certain vehicles that are exempt from being laden due to their basic design – this includes refuse vehicles.
THIRD-PARTY TRAILERS
I am a traction-only business so use third-party trailers frequently: do I need to ensure the trailer is fit for purpose and what are my legal obligations?
As you are the user of the vehicle, you are legally responsible for the trailer and its condition when in use. Your operator’s licence undertakings state that “satisfactory facilities and arrangements for maintaining the vehicles used under the licence are in a fit and serviceable condition.” While ensuring you have the authorisation on your Operator’s Licence for the trailer, it will also fall under your safety inspection frequency: we advise you work with the trailer provider to ensure a satisfactory inspection has taken place.
WORKING ON A REST DAY
I’m trying to establish whether or not working time should be recorded in the event that a driver is called to a hearing with the Traffic Commissioner (TC) on their rest day. My thoughts are that the driver is expected to attend a hearing so isn’t free to dispose of their time as they please. Should this be recorded as other work?
This would be classed as working time, as the driver isn’t freely disposing of their time when they attend as the TC is requiring them to attend to discuss their conduct in relation to the vocational driving entitlement. Although they could choose not to attend, that would likely result in the TC suspending their entitlement until they do attend.
CAPTURING SPEED RECORDS
Following a speaker at your recent Transport Manager conference, could you tell me if speed records obtained via tracking/tachographs are going to be covered in the near future by GDPR?
The Information Commissioner’s Office Employment Practices Code states that monitoring of vehicle movements, where the vehicle is allocated to a specific driver, and information about the performance of the vehicle which can therefore be linked to a specific individual, will fall within the scope of the Data Protection Act.
To remain compliant with GDPR in the above situation, the operator should introduce or update company policies to show that the drivers consent for their information to be used in this way.
TACHO TALK
When our fleet was comprised of vehicles using analogue tachographs, we had a complete register of each tachograph chart that was issued out to drivers, and it was signed back in when it was required. Is this still the case now we have a full fleet of vehicles utilising digital tachographs?
Unlike the old analogue tachograph charts, the print rolls do not have serial numbers. There are no requirements to log them out to drivers. Some companies do to monitor the use of them using a register or by adding this as a check on a pre-use check. This will ensure that the drivers are able to complete a full printout in the case of a roadside encounter.
INFRINGEMENT INSIGHTS
One of our vehicles was parked in the yard awaiting repair so the driver put the vehicle on break. When the driver returned at the end of the repair the tachograph was no longer on break as the repair agent had moved the vehicle as part of the repair. This generated an infringement, what would happen to the driver?
There are numerous references within legislation which define the driver card as being the responsibility of the driver themselves. Article 27 of EU 165/2014 states that ‘The driver card is personal.’ Article 34 states ‘2. Drivers shall adequately protect the record sheets or driver cards and shall not use dirty or damaged record sheets or driver cards.’
While normally reserved for analogue charts to stop them becoming scratched, the driver card must also be protected from misuse or damage. The engineer may not have a card and may be exempt under EU hours if they never carry goods or passengers in the course of their employment.
By leaving the card in the vehicle, it opens the possibility that the card may be used by someone other than the authorised person, even unwittingly. This could be, for instance, moving for loading or unloading or a repair in this case. The government guidance document GV262 covers off the authorised reasons for a manual entry and there may be an avenue in this instance. However, it would be down to the discretion of an enforcement officer as to whether this was accepted.
UNCERTIFIED DRIVER
When a driver has completed their five hours’ training for Alternatively Fuelled Vehicles (AFVs), can they drive before they receive their certificate?
Yes, they can drive whilst they wait for their certificate to arrive, provided the training has been registered by the training provider. The training must follow the syllabus published by the Department for Transport and can only be provided by members of the DVSA-endorsed National Register of LGV instructors (NRI), or by members of the National Vocational Driving Instructors Register (NVDIR), which is recognised by the DVSA. AFV training certificates are dispatched within 15 working days of records being received to NRI.
TACHO TROUBLE
We have a driver whose tachograph card is stuck in the lorry as the lorry has no power and workshop are still currently working to try and get it out. How does it work with him working in the morning to drive a different lorry if his card is still stuck? Can he do a manual entry etc?
This scenario would not fall into the lost, stolen, damaged or malfunctioning category. However, if the workshop confirmed in writing to the driver or yourselves as the operator to say that the card will be damaged whilst it is recovered from the vehicle unit, this could then fall into the “damaged or malfunctioning” category.
The driver would be required to report this to DVLA within seven days and would be allowed to drive without a tachograph card for 15 calendar days with printouts done at the start and end of the shift.
*www.logistics.org.uk/mac
