A) The Member Advice Centre asked this question of TfL and the reply that came back is as follows:
A) The Member Advice Centre asked this question of TfL and the reply that came back is as follows: “This has been raised with our compliance and enforcement teams. Firstly, we’d emphasise that there is no formal policy covering this.
“The requirements for the Progressive Safe System are clearly set out and it is ultimately the operator’s responsibility to make sure their vehicle is roadworthy and the equipment fitted is working, as our formal response sets out. However, in practice, when our officers make roadside checks, they will ask drivers to show that the equipment is fitted and working.
“Where equipment is defective, this would normally result in the safety permit being withdrawn on our system. Our practice is to allow a short period, circa 21 days, for the permit holder to have the opportunity to show that they’ve rectified the fault. They would then need to apply for a new safety permit, but would not receive a penalty charge notice straight away at the roadside.
“Ultimately it would be the operator’s prerogative to decide whether to continue their delivery schedule if they encounter a fault. Speaking candidly, it seems reasonable to me for an operator who, say is midway through a journey to continue completing their assignment, but they would be expected to rectify the fault at the earliest possible opportunity, noting what is set out above.”
Confused?
Q) Our drivers are still getting confused with the record-keeping requirements for drivers who drive under the assimilated drivers’ hours rules and GB domestic rules, and what records are expected at roadside.
A) Article 6(5) of EC 561/2006 and Articles 34 & 35 of EU 165/2014 make clear the acceptable methods. EC rules take no account of domestic methods, but it would be acceptable to produce a legally kept GB domestic drivers’ hours logbook at a road check along with any other article 6(5) record that is required.
If a logbook is not legally required, then any work under GB domestic would have to be recorded in one of the three prescribed methods as mentioned in Article 6(5) and produced when stopped at a check.
