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. This, however, does not remove the obligation for managers to investigate overspeed incidents in a systematic and effective way to ensure speed limiters are working and the company’s operator licence is safeguarded.
If the vehicle was travelling at 58mph on a road with a 60mph limit, the driver is not committing a speeding offence in relation to the speed limit of the road. However, it is exceeding the maximum limit placed on that vehicle by law, so would be committing a separate offence to speeding.
State of grace
Q – The CPC holder has handed their notice in, we have plans to replace them, but it could be up to two months before fruition. What must I do?
A – Notify the Traffic Commissioner within 28 days, advise them of your proposals and assure them that all obligations will be met by systems and procedures that are in place. The Traffic Commissioner has the discretionary power to allow the operation to continue operating for up to six months, upon receipt of an application for a period of grace from the operator.
