🕒 Article read time: 2 minutes
Ask the MAC
With Ray Marshall, Manager - Compliance Information, Logistics UK.
Is the tip included?
Q) Is the collection of fly-tipped waste covered by the EU drivers hours derogation for ‘Vehicles used in connection with….refuse collection and disposal…’?
A) Further to information the Member Advice Centre has recently received from the DVSA, whilst fly-tipping collections might not appear to fall within the derogation, councils have a statutory duty to collect fly-tipped rubbish from land that they have responsibility for. They are therefore not doing it as a commercial operation to supplement their income because they have no choice.
In order to use the derogation, it should be carried out either by a public authority or by a private undertaking under contract to a public authority, the principle being that the public authority would have control.
Rules are rules. Aren't they?
Q) Are the rules around handing over any digital tachograph printouts back to the employer the same as those that apply to returning charts, ie, within 42 days, as we cannot find anything specifically relating to returning printouts?
A) Drivers in-scope of EU drivers’ hours rules should have in their possession records for the current day and previous 28 days. Digital tachograph printouts should be returned and filed after 28 days as the data should be analysed every 28 days in accordance with the GV262 driver’s hours rules as below:
Operators must download this data periodically from digital and smart tachographs (known as Vehicle Unit or VU) every 90 days and from the driver cards every 28 days and analyse the information to ensure that the rules have been complied with.
DVSA’s Enforcement Sanctions Policy states that the operator and/or UK driver will receive follow up enquiries if a driver fails to return printouts to the transport undertaking within 42 days.
Published On: 22/08/2024 14:00:00
