Some frequently asked questions.

Drivers Hours

Driving licences

Driving licences Letter 26/9/01

Temporary Traffic Signs

Will this effect our Industry

Working Time Directive / Regulations Updated 1/4/03

The Work at Height Regulations 2005 Updated 3/10/05

Working at Heights Regulations 2005
Click on link

http://www.hse.gov.uk/pubns/indg401.pdf

This Regulation does affect the Recovery Industery.

Jan 2001 Vol 6 No 12 The Journal of the Road Rescue Recovery Association
Article by Alex Taylor

Some frequently asked questions that may be of value to you as recovery operators

'Can I tow a disabled trailer with my recovery vehicle, even though it is not a motor vehicle?'

The reply we received from DVLA was as follows: 'As you know, a 'Recovery Vehicle' is defined in schedule 1(5) of the Vehicle Excise and Registration Act 1994 as a vehicle constructed or permanently adapted primarily for any one or more of the purpose of lifting, towing and transporting a disabled vehicle. The expression 'disabled vehicle' is taken to include vandalised, abandoned vehicles, whether mechanically propelled or not, trailers, and anything on wheels which is capable of being towed. This would obviously include the recovery of caravans.'

A recovery vehicle can be used for 'towing or carrying one trailer which had previously been towed or carried by the vehicle immediately before it broke down,' as stated in the Act mentioned above.

We wrote to DVLA on this subject, because when we looked at the regulations governing recovery taxation and what a recovery vehicle could and could not do, we noticed that the regulations only mentioned, 'a broken down vehicle' it does not state anywhere that it has to be a 'mechanically propelled vehicle'.

Operators Licence: A recovery vehicle is exempt from an 'O' licence, providing it is licensed as recovery and complies with the conditions mentioned in the Vehicle Excise and Registration Act 1994, and its only use is for broken down vehicles.

Tachographs: Specialised breakdown vehicles are exempt from Tachograph regulations. The definition of such a vehicle as interpreted by the European Court in the case of 'Hamilton v Whitlock' is: 'A vehicle that is constructionally a breakdown vehicle and is mainly used to remove damaged or broken down vehicles from the public highway, may continue to be exempt from the Tachograph Regulations whatever operation it carries out: e.g. if vehicles used for purchase or repair or sale. An 'O' licence may be required for these situations)

Drivers Hours: Recovery vehicle drivers are exempt from the EEC drivers' hours, but must adhere to the British Domestic Drivers' Hours.

Written Records of Work: Recovery vehicle drivers are exempt from keeping written work records, as their vehicles do not require an Operator's Licence.

Length: The Road Vehicles (Construction and Use) Regulations 1986 Regulation 7 (3A) (b) states that this does not apply to a broken down vehicle being drawn by a motor vehicle in consequence of a breakdown.

Width: Regulation 8 (2) Para (1) does not apply to a broken down vehicle, which is being drawn in consequence of the breakdown.

Towing: A breakdown vehicle can tow an articulated vehicle when empty and class it as one trailer. However, should the artic be fully loaded, up to 44 tonnes, this is classed as two trailers and should be towed by a Locomotive. The DETR has stated that, until such time as they can come up with a Construction and Use definition of a breakdown vehicle, in legal terms a heavy breakdown vehicle has to be seen as a Locomotive. The courts have already made this interpretation (DPP v Yates) and in practice allow for sufficient train weight within C&U limits.

This case also stated that a breakdown vehicle could carry out a suspended tow of a rigid truck, which in turn was towing a drawbar trailer, and deemed the breakdown vehicle to be a Locomotive, providing the design gross train weight is not exceeded.

Light Locomotive - Unladen weight must be over 7,370 kg and up to 11,690 kg

Heavy Locomotive - Unladen weight must exceed 11,690 kg

The speed limit for towing as a Locomotive is governed by The Road Traffic Regulation Act 1984 for Locomotives pulling more than one trailer on a motorway and any other road. 40 mph on a motorway, and 30 mph elsewhere.

Note: Should you have to tow more than one trailer, it would be wise to inform the police of the area you are travelling in, because of the slow speed that you will have to travel at. You can also tow on motorways providing that your unladen vehicle can attain a speed of 25 mph.

Other legal points of interest

Road Vehicles Lighting Regulations 1989 and the Road Traffic act 1988

The use of 'Amber Warning Beacons' must only be used in connection with, or near to, an accident or breakdown, or when the vehicle is towing a disabled vehicle. (Please use these lights with a bit of common sense.) They must NOT be used when carrying a vehicle on the bed of your truck.

Using tractor units for recovery.

We put this question to DVLC and their reply was:

'Strictly speaking, and according to the DVLC, this is not permitted. If operators use articulated vehicles as recovery vehicles and wish to license them in the Recovery Vehicle class, they should ensure that the trailer is constructed or permanently adapted as a recovery vehicle, capable of transporting broken down vehicles wholly raised from the ground. In addition, they must ensure that the trailer is permanently coupled to the tractor unit, in such a way that it requires a workshop operation to disconnect it, by removing the landing legs and bolting and welding up the coupling pin release mechanism. There may be various ways of accomplishing the latter, but the essential requirements is that the tractor unit and trailer cannot be disconnected simply by using the release mechanism.

I can hear many of you now saying 'I've got mine taxed as a recovery vehicle without doing this.' All I can say is, 'You've not been caught yet', so keep quiet about it.

The above is to prevent 'cowboys' from taxing them at a cheaper rate and then using them as ordinary goods vehicles.


Drivers' hours.

Drivers of Goods vehicles or passenger carrying vehicles have, in the past, come under considerable commercial pressure to drive for long distance or for long hours. In order to reduce the increased risk which is presented to the public by drivers of those vehicles who are suffering from fatigue, the Transport Act 1968 ( partV1 ) introduced a system for the recording and monitoring of the hours which some drivers work.

This was achieved by setting out maximum periods of driving, together with minimum rest periods in between and by requiring certain vehicle to have tachographs fitted and maintained.

The law has been extended - and considerably complicated - by the effects of EC legislation and is now a highly complex area of road traffic law. The many 'Community rules' (sse's 96 of the transport Act 1968) and exemptions should be consulted, and expert assistance sought in each case.

What follows here is a very brief overview of the legal regulation of drivers' hours.

Type of Vehicle

The provisions of part V1 of the Transport Act 1968 apply generally to:

Passenger vehicles - PSVs and other motor vehicles constructed or adapted to carry more than 12 passengers.

Goods Vehicles - locomotives, motor tractors, any motor vehicle contructed so that it may be used as an articulated vehicle and other motor vehicles constructed or adapted to carry goods other than passengers' effects.

As the purpose of the legislatation is to exercise control over working hours a number of exemptions are provided for. These essentially refer to vehicles used for the conveyance of passengers for short distances, public service and public utility vehicles, amblulances etc., types of tractors, showmens' goods vehicles and some BREAKDOWN VEHICLES. Most of the exempted vehicles are controlled by public authorities or public utilities.

The rules and restrictions vary according to the type of vehicle; they also vary according to the type of journey being made by that vehicle.

Type of Journey

the relevant types of journey or works are:

International journeys
National journeys
Domestic journeys
Mixed (i.e. a combination of some of the above).

As ever, there are many exemptions to the requirements for observing and recording drivers' hours and these generally appear in the particlar rules.

Community Legislation

Most journeys will be covered by:

Regulation 85/3820 (in relation to drivers' hours); and
Regulation 85/3821, as amended ( in relation to tachograph records).

Drivers' Hours

The following is a brief resume of the regulations in relation to drivers' hours.

Driving periods

Normally 9 hours daily driving period but 10 hours not more than twice a week.

Generally 4.5 hours continuous driving period.

The total period of driving in any one week must not exceed 56 hours.

The total period of driving in any one fortnight must not exceed 90 hours.

These figures are an aggregation of the various prescribed driving and rest periods found within the relavant articles.

Rest Breaks

At least 45 minutes rest break unless the driver is beginning a daily or weekly rest period.

Rest breaks may be replaced by rest periods of at least 15 minutes each totalling 45 minutes distributed with the continuous driving period or immediately after it.

Rest breaks must not be taken as part of a daily rest period.

Rest Periods

After 6 daily driving periods drivers must take a weekly rest period.

The weekly rest period may be postoned until the end of the sixth day if the total deiving time over the 6 days does not exceed the maximum corresponding to 6 daily driving periods.

Drivers must have a daily rest period of at least 11 consecutive hours in each period of 24 hours.

The rest period may be reduced to at least 9 consecutive hours not more than three times a week. This applies provided that an equivalent period is granted as compensation before the end of the following week.

Where there is no reduction in hours, daily rest periods may be taken in two or three separate periods during a 24-hour period but one of these must be at least 8 consecutive hours.

Where there is a reduction in hours, the minimum lenght of rest for that day must be increased to 12 hours.

Daily rest periods may be taken in a vehicle as long as it is fitted with a bunk and is stationary.

During each period of 30 hours when a vehicle is manned by at least two drivers each shall have a rest period of not less than 8 consecutive hours.

In the course of each week one of the rest periods shall be extended by way of weeklyrest to a total of 45 consecutive hours.

Weekly rest may be reduced to 36 hours if it is taken at a vehicle base or driver base or to a minimum of 24 hours if taken elsewhere. If this is done there will be compensation by an equivalant rest taken en bloc before the end of the third week following the week in question.

A weekly rest period which begins in one week and continues into the following week may be attached to either of theese weeks.

'Driver' for the purpose of the regulations is any person who drives a vehicle, even for a short period, or who is in the vehicle in order to be available for driving if necessary.

The term 'week' means the period between 00.00 hours on Monday and 24.00 hours on Sunday.

A 'day' means successive periods of 24 hours beginning with the resumption of driving after the last weekly rest period.

'Rest' means any uninterrupted period of at least one hour during which the driver may freely dispose of his/her time. To 'freely dispose of his/her time' means that the employer cannot direct the driver to engage in doing some other type of work.

The relevant 'daily working period' will include the time spent by a driver taking the vehicle to and from their home address before and after work.

Visit the DoE website at

http://www.detr.gov.uk/roadsafety/tachograph/gv262/2.htm and http://www.detr.gov.uk/roadsafety/tachograph/gv262/3.htm

Item 20: When are drivers exempt from the EC rules?

One of the exemptions are

Specialised Breakdown Vehicles Refer to part C

Part C Refers to UK Domestic Drivers' Hours Rules

Item 39: Are there any exemptions from UK Domestic Rules?

Yes, the rules do not apply to:-
they list the exemptions and this is an extract from one of them:-

Drivers of the following vehicles are exempt from the duty limit but not the driving limit:

Goods vehicles, including dual purpose vehicles, not exceeding a maximum permitted gross weight of 3.5 tonnes used:

By the AA, RAC or RSAC;

________________________________________

Drivers Hours Department of the Environment,
Transport and the Regions
Drivers' Hours and Tachograph Rules for Goods
Vehicles in the UK and Europe
(GV262)
________________________________________
PART C
UK Domestic Drivers' Hours Rules
37 WHAT ARE THE UK DOMESTIC RULES?
The UK domestic rules apply to most goods vehicles which are exempt from the EC rules.

38 WHAT ARE THE DRIVING LIMITS?
" Daily driving
A driver must not drive for more than 10 hours in a day.
The daily driving limit applies to time spent at the wheel, actually driving. Off-road driving for the purpose of agriculture, quarrying, forestry, building work or civil engineering counts as duty rather than driving time.
" Daily duty limit
A driver must not be on duty for more than 11 hours on any working day. A driver is exempt from the daily duty limit on any working day when he does not drive.
A driver who does not drive for more than 4 hours on each day of the week is exempt from the daily duty limit.

39 ARE THERE ANY EXEMPTIONS FROM UK DOMESTIC RULES?
Yes, the rules do not apply to:
" drivers of vehicles used by the Armed Forces, the Police and Fire Brigades;
" drivers who always drive off the public road system;
" private driving, ie not in connection with a job or in any way to earn a living.
Drivers of the following vehicles are exempt from the duty limit but not the driving limit:
" goods vehicles, including dual purpose vehicles, not exceeding a maximum permitted gross weight of 3.5 tonnes used:
by doctors, dentists, nurses, midwives and vets;
for any service of inspection, cleaning, maintenance, repair, installation or fitting;
by a commercial traveller;
by the AA, RAC or RSAC; or
for cinematograph or radio and television broadcasting.

40 WHATABOUT EMERGENCIES?
The UK domestic rules are relaxed for events needing immediate action to avoid danger to life or health of people or animals; serious interruption of essential public services (gas, water, electricity or drainage), or of telecommunication and postal services, or in the use of roads, railways, ports, airports; or serious damage to property. In these cases the driving and duty limits are suspended for the duration of the emergency.

41 WHAT ABOUT WHEN TRAVELLING ABROAD?
The UK domestic rules apply only in the UK. But drivers must observe the national rules of the countries in which they travel. The Embassies of these countries will be able to assist in establishing the rules that might apply.

42 WHAT RECORDS SHOULD I KEEP?
You must keep written records of your hours of work on a weekly record sheet. An example of such a sheet is at Annex D.
Operators are expected to check and sign each weekly record sheet.
Record books containing weekly record sheets are not available from The Stationery Office. The Vehicle Inspectorate (see Annex E) can tell you the names of commercial printers who produce them.
NB. German national rules require drivers of goods vehicles between 2.8 and 3.5 tonnes to record details of their journeys in an AETR style logbook. This means that UK drivers have to use the logbook when they set out and whilst driving through the countries on journeys to or through Germany. Copies of these log books can be obtained from the Road Haulage Association (Tel 01932 841515),

43 ARE THERE ANY EXEMPTIONS FROM KEEPING RECORDS?
Yes, the following are exempt:
" Drivers of goods vehicles which do not require an operator's licence. This exemption does not apply to drivers of Crown vehicles which would have needed an 'O' Licence if the vehicle had not been Crown property.
" Drivers of goods vehicles on any day when they drive for 4 hours or less and keep within 50 kilometres of base.
" Drivers using an EC calibrated and sealed tachograph.

44 WHAT RECORDS MUST BE KEPT FOR VEHICLES CARRYING POSTAL ARTICLES?
Tachographs must be fitted and used on all vehicles with a permissible maximum weight in excess of 3.5 tonnes which carry parcels on postal services. Drivers of such vehicles are exempt from the EC drivers' hours rules but must comply with the UK domestic rules.

PART D
Mixed EC and UK Domestic Driving

45 WHAT HAPPENS IN CASES OF 'MIXED' DRIVING UNDER EC AND UK DOMESTIC RULES?
Many drivers spend some of their time driving under one set of rules, and some under another set, perhaps even on the same day.
Where a driver uses a vehicle which is subject to the EC rules during a day or week in which he also drives a vehicle subject to UK domestic rules, he may either observe the EC rules all the time, or a combination of both rules as long as the EC limits are not exceeded when driving vehicles on EC work. The following points must be considered:
" the time spent driving under EC rules cannot count as an off duty period under UK domestic rules;
" driving and other duty under the UK domestic rules (including non-driving work in another employment) count as attendance at work but not as a break or rest period under the EC rules;
" driving under EC rules counts towards the driving and duty limits under the UK domestic rules; and
" any EC driving in a week means that the driver must take a daily rest period on those days he/she actually drives under EC rules, and a weekly rest period.

46 SO WHAT DRIVING LIMITS DO I OBEY?
The UK domestic limits (10 hours driving) must always be obeyed. But at any time when you are actually driving under the EC rules, you must obey all the rules on EC driving limits.

47 AND WHAT WORKING TIMES?
The UK domestic limits (ie. no more than 11 hours on duty) must always be obeyed. But when working under EC rules you must also obey all the rules on breaks, daily (only on those days when actually driving) and weekly rest.

48 WHAT ARE THE RULES ON REST PERIODS AND BREAKS?
Again a driver must always obey the EC rules on rest periods and breaks.

49 HOW ABOUT 'MIXED' DRIVING UNDER AETR AND UK DOMESTIC RULES?
The same points also apply to a driver if he drives partly under AETR rules and partly under UK domestic rules.

50 HOW SHOULD I RECORD UK DOMESTIC DRIVING UNDER EC RULES?
If you are driving partly under UK domestic rules and partly under EC rules you should make a manual entry on the tachograph chart showing periods of domestic driving as other work eg. OW 09.15 -10.20.
If you are using a tachograph when driving under UK domestic rules, the mode switch should be on "other work"

PART F
Other Rules and Legislation

52 WHAT ARE THE MINIMUM AGES FOR DRIVERS?
The minimum age for a driver of a goods vehicle with a permissible maximum weight (including any trailer or semi-trailer) exceeding 7.5 tonnes is 21 years:
" under EC rules; and
" AETR rules.
But it is reduced to 18 when the vehicle does not exceed 7.5 tonnes permissible maximum gross weight or if the driver is the registered employee of a registered employer of the 'Young Drivers Scheme'; or to 17 when the driver is a full or part-time member of the armed forces and the vehicle is used for naval, military or airforce purposes.
Joumeys under EC or AETR rules have a minimum age of 18 for drivers' mates.

53 WHAT ARE THE PENALTIES?
There is a maximum fine of £2,500 for breach of the drivers' hours rules, and a maximum fine of £5,000 for failing to install or use a tachograph. Deliberate falsification of a tachograph chart can result in up to 2 years imprisonment/£5,000 fine. This applies to both the driver and to anyone whose orders the driver was following.
In the case of hours offences, the law protects from conviction:
" drivers, who because of unforeseen difficulties were unavoidably delayed in finishing a journey and breached the rules; and
" employers, if any driver was involved in other driving jobs which he could not have known about.
In the case of records offences, the law protects an employer from conviction if he can prove that he took all reasonable steps to make sure that the driver kept proper records.

54 WHAT IS THE MAIN RELEVANT LEGISLATION?
1. EC rules
EC regulation 3820/85 on drivers' hours.
EC regulation 3821/85 on tachographs.
EC regulation 3314/90 on tachographs.
EC regulation 3688/92 on tachographs.
EC regulation 2479/95 on tachographs.
The Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986 (SI 1986/1456).
The Community Drivers' Hours and Recording Equipment Regulation 1986 (SI 1986/1457).
*The Drivers' Hours (Harmonisation with Community Rules) Regulations 1986 (SI 1986/l458).
The Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) (Amendment) Regulations 1987 (SI 1987/805).
The Passenger and Goods Vehicles (Recording Equipment) Regulations 1989 (SI 1989/2121)
The Passenger and Goods Vehicles (Recording Equipment) Regulations 1996 (SI 1996/941)
The Community Drivers' Hours and Recording Equipment (Amendment) Regulations 1998 (SI 1998/2006).
*Applicable to both EC and domestic rules.
2. AETR rules
European Agreement concerning the work of crews on vehicles engaged in International Road Transport. (AETR) (Cmnd 7401) (as amended by Cmnd 9037).
3. Domestic rules
Transport Act 1968 (Part VI as amended).
The Drivers' Hours (Goods Vehicles) (Modifications) Order 1970 (SI 1970/257).
The Drivers' Hours (Passenger and Goods Vehicles) (Modifications) Order 1971 (SI 1971/818).
The Drivers' Hours (Goods Vehicles) (Modifications) Order 1986 (SI 1986/1459).
The Drivers' Hours (Goods Vehicles) (Exemptions) Regulations 1986 (SI 1986/1492).
The Drivers' Hours (Goods Vehicles) (Keeping of Records) Regulations 1987 (SI 1987/1421).

55 DO I NEED TO SEEK LEGAL ADVICE?
As with any legislation, previous court judgements may assist interpretation on a particular point. Some important judgements are available, many in shortened form, in legal reference books which are held by the larger reference libraries, If in doubt seek legal advice.

ANNEX A
Some terms used in this booklet
DAILY REST PERIOD
Under the EC and AETR rules this is any period of at least 8 hours in a row during which the crew member can do what he likes and is free to move about as he pleases.

DRIVING
This is being at the driving controls of a vehicle for the purpose of controlling its movement, whether it is moving or stationary with the engine running.
DUTY
In the case of an employee driver this means being on duty, whether driving or otherwise, for anyone who employs him as a driver. For an owner/driver this means driving a vehicle connected with his business, or doing any other work connected with the vehicle or its load. Under the EC/AETR rules duty amounts to 'other periods of work' (perhaps work for another employer not concerned with driving) or other periods of availability 'to one's employer'.

EMERGENCY
The exemptions for emergency vary depending on whether the EC, UK domestic or AETR rules apply, bur broadly speaking an emergency is an event which causes, or is likely to cause:
" danger to life or health of people or animals;
" serious interruption in the maintenance of public services (water, gas, electricity, drainage, telecommunications or postal services) or in the use of roads; or
" serious damage to property;
such as to need immediate preventative action.
INTERNATIONAL JOURNEY
Means a journey to or from another country, including the part of the journey within the UK.

REST
Under the EC rules rest can be any uninterrupted period of at least one hour during which the driver may freely dispose of his time.
MAXIMUM PERMISSIBLE WEIGHT
Under the EC and AETR rules, this means either the maximum permissible gross weight of the vehicle and that of any trailer (added together) or the towing vehicle's maximum permissible train weight, whichever is the less.


Driving Licences. (an extract from Recovery Operator magazine January 2001 with permission from Brian Drury and AVRO.)

Grandfather Rights

Those drivers who held a full car driving licence which was valid before 1st January 1997 retained the right to drive small vehicles with large trailers, catergory B & E goods vehicles from 3500kg to 7500kg MAM with trailers up to a combined weight of 8250kg, category C1 and C1 & E (8.25 tonnes). So for holders of a full car driving licence valid before 1st January 1997, new categories will be B & E and C & E restricted to 8.25 tonnes.

With HGVs, there are two types of licences: one is for the motor vehicle (C) and one for the trailer (E).
Full HGV (1, 2 or 3) that was valid before the 1st January 1997, are entitled to the new category C.
Full HGV 1 that was valid before the 1st January 1997 receive C & E with no restriction on the E.
Full HGV 2 that was valid before 1st January 1997 receive C & E with a restriction on the E licence to draw bar combinations.

Loss of Rights

Holders of provisional licences for category C, which were valid prior to January 1st 1997, were able to continue to drive vehicles in category C & E which their licence authorises as provisional licence holders. They will be unable to take a test on such combinations after January 1st 1997 and will have to first take a category C test before moving up to a C & E test in line with staging testing introduced on that date.

Driving Licence Categories
(Post January 1st 1997)
CATEGORY B
(Minimum Age 17)

Motor vehicles not exceeding 3500kg MAM and not exceeding eight passenger seats (+driver) towing a trailer not exceeding 750kg MAM (425kg in total) or trailer exceeding 750kg MAM if the combination weight does not exceed 3.5 tonnes and the trailer MAM does not exceed the unladen weight of the motor vehicle.

Exemption Towing a broken down or damaged vehicle from a position where it is likely to represent a road safety hazard or cause an obstruction to other road users. But only so far as is reasonably necessary so as to remove the hazard or obstruction.

Holders of a full licence 1st January 1997 retain the entitlement to B & E, C1, C1 & E (8.25 tonnes).

CATEGORY B & E
Category B & trailers exceeding 750kg MAM.
New drivers must hold a category B licence and take a separate test to get a category E.

CATEGORY C1
(Minimum age 21 and with restrictions age 18.)

Motor vehicles 3500kg to 7500kg with trailer not exceeding 750kg MAM limited to 7500kg total MAM if under 21). New drivers must hold a category B licence, take a separate test and meet higher medical conditions.

CATEGORY C1 & E
Category C1 plus trailer exceeding 750kg MAM provided that the maximum weight of the combination does not exceed 1200kg (under 21 years limited to 7500kg) and the MAM of the trailer does not exceed the unladen weight of the motor vehicle. New drivers must hold a category C1 licence and take a further test.
Holders of a licence valid prior to 1st January 1997 limited to C1 & E (8.25 tonnes) unless a new test is taken.

CATEGORY C
(Minimum age 21 years, 18 if on an LGV training scheme).

Motor vehicle exceeding 3500kg MAM plus trailers not exceeding 750kg MAM.
All drivers have to take a separate test and meet higher medical condition.

CATEGORY C & E
Category C plus trailer exceeding 750kg MAM. All new drivers must hold a full category C licence, and take a further test, and meet higher medical conditions.

Goods Vehicles Licences

Old GroupOld CategoryNew Category
n/aC1C1
n/aC1 & EC1 & E (8.25 tonnes)
n/anoneC1 & E
HGV 1, 2 or 3C C
HGV 1C & EC & E
HGV 2C & E category 2 restrictionVehicles in category C & E which are draw bar combinations
Note: Locomotive is mechanically propelled vehicle which is not constructed itself to carry a load and the unladen weight exceeds 7370kg.

A locomotive may not draw more than three trailers. A broken-down articulated vehicle is classed as one trailer when being drawn when broken down, but only if it is unladen; so a laden articulated must count as two trailers.

Driving Licences letter 26/9/01.
(From Peter Martin Support Services)

To the Chairman of The Institute of Vehicle Recovery
Over a period of time I have been privileged to visit many recovery operators in my capacity as a training instructor to carry out light recovery training. During the courses, I have noticed a reoccurring question being asked, " what category of driving licence do I need when driving a light recovery vehicle with a maximum authorised mass of up to 7500kgs " when I am towing?

Not being an expert in the field of driving licence categories, I have always referred them to the trade associations etc. It is evident however, that many operators do not belong to trade associations and the technicians are not members of the trade Institutes. By choice or default, they are not able find out the answers to their question.

With this in mind, I decided to carry out my own investigations. The results of which have prompted me to write this letter to yourselves, and all other trade publications, in the earnest hope that you will print all, or as much as is relevant to prevent the chance of prosecution and loss of insurance cover.

It is possible that in past your publication and those others that exist within the industry have covered this specific area, however it is apparent from experience that a lot of confusion and ignorance of the requirements abounds.

To set the scene, I contacted DVLA with regard to category requirements ( copy of reply attached ), asking for their view on the requirement for a speclift or transporter with a maximum authorised mass of up to 7500kgs, towing a disabled vehicle or caravan weighing in excess of 750kgs.

The attached reply states that the requirement to cover the above would be C1+E. The problems arises with the date that the driver passed their test. Post January 1997, if a driver attained a C1+E licence they would be entitled to drive a recovery vehicle with a maximum authorised mass of up to 7500kgs, combined with a trailer whose maximum authorised mass exceeds 750kgs, but with a total combined weight that does not exceed 12000kgs. Anyone that passed their test prior to that date, but still with a C1+E licence, will carry a restriction limiting the driver to a maximum total combined weight that does not exceed 8250kgs.

The above in its self does not appear difficult to understand, the problem comes with the interpretations. Having sought help from the relevant authorities, the outcome has left me with major concerns for both the recovery technician and operator alike! The following will go to some lengths to explain.

When calculating the relevant weights for an authority to establish what licence requirement is needed appears simple. That simplicity belies the problem for the industry.

The calculation is simple, establish the maximum authorised mass of the towing vehicle, to which you add the maximum authorised mass of the trailer ( casualty ), irrespective of the unladen / kerbside weights of either, add them together and that gives the weight required to decide upon the licence requirements.

The following may give a better picture of the problem : -

Speclift with a MAM of 7490kgs, unladen / kerbside weight of 5020kgs.

towing a Vauxhall Combo D van MAM of 1670kgs, unladen / kerbside weight of 1210kgs.

To arrive at the licence requirement, add the MAM of both vehicles together ( irrespective of unladen / kerbside weights ), in this case 7490kgs + 1670kgs = 9160kgs!

With the above scenario a technician that passed their test after January 1997 holding a C1+E licence entitlement would be able to drive the above combination legally. A technician that passed their test prior to that date, with what appears a first sight to be the same entitlement, would drive the combination illegally!

This situation will obviously relate to the towing of trailers and caravans, it is the MAM that is always used in the calculations, not the unladen / kerbside weight.

As if this was not enough of a problem, there is another that both technicians and operators must be made aware of. If you read the terms of your insurance policy most will state clearly, if a vehicle is being used illegally, as shown above, the insurance becomes null and void!

So now you could be breaking the law twice, once with the incorrect category of licence and secondly because you are doing so, you have no insurance cover.

I have contacted you in the hope that the information contained above will prevent someone within the industry from falling foul of the law.

I trust you will find the above a suitable article for inclusion in your next publication and would appreciate a reply accordingly.

Yours sincerely
P J Martin FIVR MIMI

Temporary Traffic Signs

Temporary Obstructions

The placing of traffic signs to warn of temporary obstructions is now governed by the Traffic Signs (Temporary Obstructions) Regulations 1997 (SI 1997 No. 3053) which came into force on 1 March 1998.

The 1997 Regulations introduce a new sign, the road vehicle sign, which is intended to warn of a temporary obstruction caused by stationary vehicles. They also make provision for someone in charge of, or accompanying emergency or breakdown vehicles, to place 'Keep Right' signs under certain circumstances.

Authorisation to Place Temporary Signs

Regulation 15 provides that:

(1) Subject to paragraph (4) of this regulation, a person who is in charge of or accompanies an emergency or a breakdown which is temporarily obstructing a road is hereby authorised to place a keep right sign for the purpose of warning vehicular traffic of the obstruction created by the vehicle and to indicate the way past the vehicle.
(2) Subject to paragraph (4) of this regulation, any person not otherwise authorised to do so is hereby authorised to place a road vehicle sign on a vehicle or a flat traffic delineator, traffic cone, traffic pyramid, traffic triangle or warning lamp on any road for the purpose of warning traffic of a temporary obstruction in the road, other than one caused by the carrying out of works.

Regulation 16 requires that signs be placed in an upright position and in such a way as to guide traffic past the obstruction. It also requires that they should be removed as soon as the relevant obstruction has itself been removed.

'Emergency vehicles' here will generally include vehicle used for fire, ambulance and police purposes, rescue vehicles and vehicles used in connection with blood transfusions and tissue transplant. The full definiton can be found in the Road Vehicle Lighting Regulations 1989 (SI 1989 No. 1796).

'A breakdown Vehicle' here is a vehicle used to attend an accident or a breakdown or to draw a broken down vehicle.

Road deaths seen as MURDER. (an extract from Commercial Motor magazine 6 - 12 December 2001

Fatal road accidents involving HGV’s are to be treated as homicides under strong new guidelines produced this week by the Association of Chief Police Officers (ACPO).
ACPO states that road traffic accident (RTA) investigation officers should use the road Death Investigation Manual together with the Murder Investigation manual as national criteria. Richard Brunstrom, North Wales Police Chief Constable, says:” Many road deaths should, until proved to the contrary, be treated as homicides. Approximately 3,200 people are killed on roads in the UK every year– this is roughly four times the number of homicide victims.” The report, which has been compiled over the past 24 months with the help of the AA,RAC and the Department of Transport, recommends that all forces train a dedicated senior investigating officer (SIO) to deal with fatal crashes.
The SIO should consider where any alleged liability or culpability for the death may lie. This includes looking at the appreciation of risk by fleet engineers and transport managers with officers checking for shoddy vehicle repairs, poor service records or driver’s hours abuses.
The Manual also confirms that any RTA involving commercial vehicles should be highlighted to the Vehicle Safety Branch of the VI. All tachographs and charts can be confiscated and used as “black-box recorders” to determine the speed and trajectory of the vehicle, and to look for any tampering.

If one of your vehicles was involved in a fatal accident how would you fair?

Is the vehicle serviced regularly?
Who's responsible for making sure the records are ok?
Was the driver within hours?
How do you record the drivers' hours?

Don’t wait until an accident happens
Check now, is there anything you can put in place

Working Time Directive / Regulations

Article from the Road Rescue Recovery Association
March 2003 Volume 7 No10

Working Time Directive / Regulations

We are being asked if we can throw any light on the above regulations, which are supposed to be in place by 2004 so I have been looking through what documentation we have which is 2" thick so I will tell you what is happening and what proposals have been put forward. Evan after all that I am still confused as to what will be exempt and what will not be exempt for the WTD.

Although we were only informed of this directive in 2000, the consultations between member states has been going on since 1993 and when we received the consultation paper asking for our comments, there was not much information given that we could comment on however, we did ask that the 50 Km (30 miles) exemption be extended to 80km (50) which we seem to have been given. We also asked that all recovery vehicles be exempt from the regulations given our special working practices, which other industries do not have.

The industry has asked for 'Special Case Exemption', which would apply to all European recovery as the WTD would make it impracticable to implement the directive due to circumstances surrounding 24-hour recovery

The regulations do say that member states may grant derogation from the Directive on rests, breaks and night work and from the 60 hour week maximum but as you will see there are certain conditions that must be met.

Many of you employ self employed drivers and the regulation state that, self employed drivers or mobile workers who provide vehicle recovery services would be subject to the specific Commission on working time for road transport, but this is still under discussion.

Under Regulation 21(c) under derogation HSE suggested that perhaps the wording 'Removal of vehicles from the Queens Highway to reduce risk of accident to a place of safety within 50 miles or to the nearest place of safety when livestock or perishable good are involved'. However they do not consider that the recovery industry falls within the Working Time Regulation (WTD) definition of road transport and if this is the case then recovery would be covered by the WTD unless, as has been said, the members state grants derogation to the industry.

The WTD also state that individuals can agree to work more than the maximum weekly working time limit but this must be in writing and must allow the worker to bring the agreement to an end Article 17 states that Derogation of article 3,5, and 6 may be adopted by means of laws, regulation or administrative provisions, which I take to mean the government must make these laws, or more important derogation can be achieved by means of collective agreements, or agreements between the two sides of industry , and by this I also take it to mean employer and employee, provided that the workers concerned are offered equivalent periods of compensating rest.

Again there are certain criteria that must be met to make it valid to opt out of the 48 hour average working week. Regulation 5 set out these requirements and these are important.

1. The agreement must be in writing.
2. The agreement may specify its duration or may be of indefinite length; however, it must be subject to the right of the employee to bring the agreement to an end by giving seven days notice, unless a different period is specified in the agreement which in any event must not exceed three months
3. The employer must maintain up-to-date records which, identify each worker who has agreed that the 48 hour week shall not apply in his or her case; set out the terms on which the worker agreed that the limit should not apply; and specify the number of hours worked by the worker during each reference period since the agreement come into effect (Subject to a Two year limit)
4. The records must be available for inspection by any relevant inspector appointed by HSE or other relevant authority and the employer must co-operate with any offcial and furnish them with any relevant material in relation to individuals who have agreed to dis-apply the 48 hour limit.

Another question we are asked is how the WTR relate to your drivers who take their vehicles home in case they have a call out.

Article 2 gives some definitions, which may assist you.

Standby Duty: Means the time during which the mobile worker is at his place of work, ready to take up full working duties, where appropriate on his own initiative, and generally with certain tasks associated with being on duty.

Standby Period: means the time during which the mobile worker has no duties, while available for work. Standby periods must be known in advance by the mobile worker in accordance with the conditions agreed between social partners at the level and under the terms provided in the legislation by the Member States. Example: A coach driver takes his passengers to the coast, if he has to watch his vehicle during the day prior to his return journey then he is on Standby Duty, however if he can leave his vehicle unsupervised whilst remaining to take up his duties again, this is classed as Standby Period, which are excluded from the WTD.

The latter I would relate to your driver who takes his recovery vehicle home just in case he receives a call out.

Collective Agreement: Reg.23 gives employers and employees the power to exclude or modify the provisions on the maximum length of night work, daily and weekly rest periods and rest breaks by way of a collective agreement or workforce agreement. This is potentially a very important provision, as it would allow the parties, albeit only on a collective basis, effectively to opt out of otherwise mandatory parts of the Directive.

It should be noted that this does not apply to the 48 hour week average, but the reference for calculating this average can be extended to 52 weeks by way of a collective or workforce agreement.

Some more definition for you to record and put somewhere you can find it.

'Mobile worker' means all those workers, including trainees and apprentices, who are employed by an undertaking, perform road transport activities and form part of the travelling personnel.

'Rest period' Means any uninterrupted period of a least one hour during which the mobile worker or self employed driver may freely dispose of his or her time

'Week' 00.00 Monday to 24hrs Sunday

These are only a few of the basics that I have given you and I hope that it might answer some of you questions.

We are still waiting to see what the government is going to do about the drivers hour in relation to the Recovery Industry as already mentioned we have asked or an exemption

RRRA Editor Alex Taylor
www.rrra-recovery.co.uk

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