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Ask the MAC – October 2021


Read answers to questions put to Logistics UK's Member Advice Centre.

POWER SHIFT

Can a Category B licence holder drive a 4.2t GVW (gross vehicle weight) fully electric goods vehicle under the derogation with alternatively fuelled vehicles, so long as the driver has completed the relevant five hours’ training? Also, would this be in scope of Driver CPC (Certificate of Professional Competence)?

So long as the driver has completed the five hours’ training then a driver with a category B entitlement would be able to drive a fully electric goods vehicle up to 4.25 tonnes GVW.

As the Driver CPC can only be attached to a vocational entitlement, and the driver is using a category B entitlement to drive the vehicle, this would mean that the driver would fall out of scope of Driver CPC.

ADDRESSING CONCERNS

Our drivers are not completing the address box on the front of the GB domestic drivers’ hours book. Should they be doing so?

Yes, as the Drivers' Hours (Goods Vehicles) (Keeping of Records) Regulations 1987 states: “A driver shall enter, and where he is an employee-driver, his employer shall cause him to enter, in accordance with the instructions to drivers for the completion of sheets – (a)on the front sheet the information specified in relation to the front sheet in those instructions”. The instructions that are mentioned are included in the log book and are shown on the model included in those regulations, which state: “Enter your surname, first name(s) and address (item 3).”

WAREHOUSE TO WHEELS

We are going to upskill a warehouse person to drive one of our HGVs. We would like to use one of our own drivers and vehicles to assist in this process. What are the basic requirements?  

Firstly, the warehouse person must hold a full car licence and would need to obtain a provisional vocational licence by submitting a completed D2 and D4 to DVLA. 

• The vehicle must conspicuously display the ‘L’ plate front and rear. 

• The person supervising the learner must have held a full licence for the category of vehicle they are supervising in for at least three years. 

·         Normally be over 18, however there are some exemptions. 

·         Comply with the required drivers’ hours rules 

·         Check with your insurance provider 

·         Obtain a professional driving qualification (DCPC) to drive commercially. 

If you’re taking an approved National Vocational Training (NVT) course you can drive professionally for up to 12 months without taking the Driver CPC part 2 and part 4 tests. 

ON THE CARDS

Owing to one of our HGV drivers leaving the company and being unable to replace him, we have recently started using agency drivers. Do we still need to download their cards or is this the responsibility of the agency? 

Traffic Commissioners expect an organisation’s transport manager to have effective and continuous control. Part of this is ensuring an operator meets their undertakings regarding the operator licence, one of which is ensuring all drivers comply with drivers’ hours rules and records are kept. Where a driver is going to drive one of your vehicles under your operator licence, downloading the driver’s card is essential to ensure they are compliant before you put them in a vehicle. This would ensure they have had enough rest and have the required driving time available to comply with the law. The driver’s card would also need to be downloaded within the required 28-day time frame. This also forms part of your drivers’ hours records. 

HEAT OF THE NIGHT

What are the requirements regarding the fitment of in-cab heating (night heaters) as we have drivers stating they are a legal requirement?

Under the Workplace (Health, Safety and Welfare) Regulations 1992, the temperature in a workplace should normally be at least 16 degrees Celsius, however these regulations do not apply to a vehicle for which a licence is in force under the Vehicle Excise and Registration Act 1994.

Therefore, a night heater in a vehicle is not a legal requirement. However employers have duties under health and safety law to assess risks in the workplace. Additionally, night heaters are a more efficient way of warming the cab whilst stationary rather than leaving the engine idling which can attract a £20 fixed penalty fine under the Road Traffic (Vehicle Emissions) Regulations 2002.

We would recommend risk assessments are conducted, for example, considering the number of nights the driver will be away, which part of the country are they going and considering weather conditions.

TWENTY TWENTY VISION

We currently carry out in-house eyesight checks at 22.5m, I have been informed that this has changed to 20m. Is this correct?

The ability to meet the visual acuity standards for Group 2 driving is formally checked as part of the medical examination report completed during a first application for a lorry or bus licence and on periodic licence renewal from age 45. As well as being able to read a number plate from 20 metres away and have a binocular visual acuity of Snellen decimal 0.5 (6/12), drivers of lorries and buses must have a visual acuity of Snellen decimal 0.8 (6/7.5) in the better eye and decimal 0.1(6/60) in the worse eye.

Published On: 07/10/2021 16:00:03

 


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