So, if I read this thread right, as a Sole Trader with a D3/4 HSE registered in my name, towing my own trailer of 2700kg gross weight to take supplies from a builders merchant to a customer within at 43 mile radius of my base, I need an OL ?? plus a Tacho if i go outside the 43 mile raduis.
Is this correct or am I ok without an OL?LRs are a fond memory, apart from the maintenance.
9th Aug 2015 8:50 pm
Justme
Member Since: 09 Aug 2015
Location: Pwllheli North Wales
Posts: 104
Are you the builders merchant or the builder or a delivery service?
The mileage limit is now 100kM (62 miles).
Is the vehicle under 2040kg un laden weight?
Just checked yes it is.
So you cant use the dual purpose exemption.
Not sure where 43 miles comes from?
9th Aug 2015 9:07 pm
DG Site Moderator
Member Since: 12 Dec 2005
Location: The Gaff
Posts: 50962
The vehicle is a bit more than 2040kg unladen 21 year LR veteran > D2 GS 2003 > D3 S 2006 > D3 HSE 2009 > D4 HSE 2013 > D4 HSE 2015 > D5 HSE 2018 > DS HSE R-Dynamic P300e 2021
I'm the builder. The 43miles came from above in thread, so lets say within the now 62 miles limit.
So again,
1. do I need an OL?
2. Do I need a Tacho?LRs are a fond memory, apart from the maintenance.
9th Aug 2015 9:30 pm
Justme
Member Since: 09 Aug 2015
Location: Pwllheli North Wales
Posts: 104
What is below is my personal interpretation of the rules & not legal advice.
This document
REGULATION (EU) No 165/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 4 February 2014
Says
Quote:
Tachographs should be installed in vehicles to which
Regulation (EC) No 561/2006 applies. Certain vehicles
should be excluded from the scope of that Regulation
in order to introduce some flexibility, namely vehicles
with a maximum permissible mass not exceeding 7,5
tonnes used for carrying materials, equipment or
machinery for the driver’s use in the course of his
work, and which are used only within a 100 km radius
from the base of the undertaking, on condition that
driving such vehicles does not constitute the driver’s
main activity. In order to ensure coherence between
the relevant exemptions set out in Regulation (EC)
No 561/2006, and to reduce the administrative burden
on transport undertakings whilst respecting the objectives
of that Regulation, certain maximum permissible
distances set out in those exemptions should be revised.
So I take that to mean that as your combination is less than 7500kg & you are working within 100km & you are only carrying tools & supplies for your main job as a builder you do not need a tacho.
Re the O licence you can not use the dual purpose exemption.
However as you are not working for "hire or reward" (note most of the posts in this thread treat making money as hire or reward & I would consider that to be wrong legally) but you are "operating on your own account" as DVSA (the new name for VOSA) put it.
So as long as your tow vehicle is under 3500kg & the trailers unladen weight under 1020kg you would still be exempt.
Thanks Justme, you confirmed my thoughts. As to the legal advise, thats what I've been trying to get, but everyone seems as confused as I am, hence asking on here. LRs are a fond memory, apart from the maintenance.
9th Aug 2015 9:54 pm
Justme
Member Since: 09 Aug 2015
Location: Pwllheli North Wales
Posts: 104
The problem is until a few cases go to court we dont actually know what the law means. We only have the DVSA's / Police opinion of what it means.
Hire & reward is basically courier or haulage work.
So if I over your builders merchants order for you & I dont work for the merchants, you or the client then that would be hire & reward.
If I worked for the merchant that would be exempt.
Working for you would be exempt
Working for the client would be exempt.
Being the client would be exempt.
So almost no change to the rules unless you are a haulier.
LRs are a fond memory, apart from the maintenance.
9th Aug 2015 10:26 pm
DG Site Moderator
Member Since: 12 Dec 2005
Location: The Gaff
Posts: 50962
Justme unless you are wishing to become a site sponsor then you need to change your avatar fella 21 year LR veteran > D2 GS 2003 > D3 S 2006 > D3 HSE 2009 > D4 HSE 2013 > D4 HSE 2015 > D5 HSE 2018 > DS HSE R-Dynamic P300e 2021
9th Aug 2015 10:30 pm
Justme
Member Since: 09 Aug 2015
Location: Pwllheli North Wales
Posts: 104
Will do, but reading the rules on the profile page it only says no links or pics in signatures not avatars.
Needs changing if that is the rules.
9th Aug 2015 10:35 pm
DG Site Moderator
Member Since: 12 Dec 2005
Location: The Gaff
Posts: 50962
Consider the rules changed 21 year LR veteran > D2 GS 2003 > D3 S 2006 > D3 HSE 2009 > D4 HSE 2013 > D4 HSE 2015 > D5 HSE 2018 > DS HSE R-Dynamic P300e 2021
9th Aug 2015 10:40 pm
ruggedpeak
Member Since: 10 Jun 2010
Location: UK
Posts: 1625
Tony
Club RLD Wheel Protector & Sump Guard
Club 4x4 Info activated
15th Aug 2015 10:51 am
Justme
Member Since: 09 Aug 2015
Location: Pwllheli North Wales
Posts: 104
To be honest as I am here to give free advice that just might save someones licence or even lively hood I dint consider my avitar was an issue or trying to beat the system. Its the same one I use on almost every forum I am on.
Hey ho your loss.
15th Aug 2015 6:53 pm
JMack
Member Since: 02 Aug 2014
Location: Edinburgh
Posts: 1517
100km, thing.
So doing a job 101km from 'base' would require a new license? (or is it a taco??)
15th Aug 2015 11:22 pm
Justme
Member Since: 09 Aug 2015
Location: Pwllheli North Wales
Posts: 104
Its a 100km radius & yes 101km legally does mean that you need a tacho if its for non personal use.
You cannot post new topics in this forum You cannot reply to topics in this forum You cannot edit your posts in this forum You cannot delete your posts in this forum You cannot vote in polls in this forum
plus a Tacho if i go outside the 43 mile raduis.
