Any nil defect reports should be kept for as long as they are useful. There is no definitive time period. However, if you keep them for a rolling safety inspection cycle this will show two things. Firstly, you as an operator have a system in place. Secondly, when a vehicle goes in for a safety inspection you can cross reference any driver reportable defects found on the safety inspection report with the previous day’s driver walkaround check. Basically, use the information as a quality check.
LICENCE TO TOW
We operate a mixed fleet of rigid and articulated vehicles. Most of the drivers of the rigid vehicles only hold a full category C licence and not the category E entitlement. As they never tow trailers this is perfectly legal. Recently there have been occasions where we have needed to get a solo tractor unit to our maintenance provider for its regular safety inspection, and no C plus E category drivers have been available. Could we utilise a driver with only a full category C licence to take the solo tractor unit to the maintenance provider?
Whenever a tractor unit has no semi-trailer attached (solo tractor unit) it becomes a rigid vehicle and as such can be driven by the holder of a full category C licence. The requirement to cover up or disable the fifth wheel is purely a myth. A person with a category C licence can tow a small trailer providing the Maximum Authorised Mass (MAM) does not exceed 750kg.
VOCATIONAL VACATION
Do our drivers have to take holidays? Also, do we legally have to show holidays in our working time calculations for drivers who do not want to take any holiday? The driver in question is a full-time driver who works under EU drivers’ hours rules, which we conform with. The problem we have is that the driver in question never wants to take holiday and would rather be at work.
Everyone needs a holiday from work even if only to recharge the batteries. Under the Road Transport (Working Time) Regulations 2005, mobile workers are required to have a minimum of 20 days’ statutory holiday per year. This is a legal requirement.
Regarding Working Time, the 20 days must be recorded as eight hours per day or 48 hours per week. The days can be spread out throughout the year but there must be at least 20 days’ holiday recorded for your drivers. Any days above the 20 statutory days can be recorded as zero regarding working time calculations.
The main directive only required four weeks of paid holiday, but the UK government has extended this to 5.6 weeks. Employers can stipulate when leave is taken and there is no legal requirement to time off on bank holidays.
MORE HASTE, LESS SPEED
When a road changes speed limits from say 60pmh to 40mph, is there a grace period at all after the 40mph sign to decelerate to that speed? Vice versa if it is the other way around and you are driving on a 40mph road heading towards a 60mph, is there any grace period to start accelerating before you pass the 60mph road sign?
There is no grace period for accelerating or decelerating up to or past a speed limit sign. The vehicle must not be travelling faster than the posted speed limit the moment that it passes the sign and must not exceed the posted speed limit when approaching the increased speed limit sign.
