🕒 Article read time: 2 minutes
Ask the MAC
With Becky Martin, Senior Compliance Advisor, Logistics UK
Breaking the law?
Q - Our vehicle is fitted with a speed limiter, restricting the vehicle to 56mph. We had an overspeed alert generate on our tachograph analysis, showing they were travelling at 58mph. This was on a road with a 60mph limit. Have any laws been broken?
A - Any incident of speeds over 56mph recorded on a tachograph is reported in analysis, as it is potentially an indication that the vehicle’s speed limiter is not functioning correctly.
The speed limiter serves only to restrict power to the drive wheels once 56mph is reached. It will not restrict the vehicle when travelling down a hill and the momentum of the vehicle may carry the vehicle over this speed.
However, this does not remove the obligation for managers to investigate every overspeed incident in a systematic and effective way to ensure speed limiters are working and the organisation’s operator’s licence is safeguarded.
If the vehicle was travelling at 58mph on a road with a 60mph limit, they are not committing a speeding offence in relation to the speed limit of the road. However, they are exceeding the maximum limit placed on that vehicle by law, so would be committing a separate offence to speeding.
Reference the newbie...
Q - What do I do when a new employee joins us in the middle of a reference period?
A - Firstly you need to find out if your recruit worked as an in-scope mobile worker for their previous employer in the road transport sector during the reference period in question.
If they did, then you must ask them in writing for an account of time spent working for that employer during the reference period.
Their previous employer is compelled in law to provide the worker with their working time records on request. You must then include all time worked for the previous employer and you in the working time calculation.
If they did not, for example if they previously worked in a bar or in a warehouse (rather than as a driver) for another company, then all you need to do is count the time worked from the moment they started work for you in the calculation.
Published On: 10/10/2024 14:00:00
