Recovery Vehicles, Tachograph and Driving Hours

 

Changes in the law require that in some circumstances recovery vehicles will have to use Tachograph when operating outside 100 km radius (as the crow flies)of the Company base

Tachograph  

All recovery vehicles registered after 1st May 2006 will require digital Tachograph. Any vehicles registered before then can be fitted with either an analogue or a digital Tachograph.

3.5tonnes + vehicles previously exempt from the use of Tachograph will be required to be fitted with Tachograph either analogue or digital and activated if the vehicle is travelling beyond a 100km radius of base (as the  crow flies). There will be a period of grace for fitting of Tachograph which will apply up until 31 December 2007. During this period manual records of journeys effected by the new rules should be recorded and kept on file

Base

This is where the recovery vehicle is normally positioned. If an operative takes the vehicle home, the base will still be regarded as the garage/depot not the home address. If an operator has multiple depots the vehicle could have a base at more than one depot as long as the vehicle is not changing base daily to manipulate the ruling.

Operating within 100  kilometres

Recovery vehicles operating within 100 kilometres radius of their base (as the crow flies) are exempt from using a Tachograph to record Hours of driving, other work and rest periods. but must still comply with domestic driving hours rules

Operating outside 100  kilometres

Occasional travel outside 100km radius of their base(as the crow flies). The technician / vehicle should use a  Tachograph from the first movement of travel to this destination and remain on Tachograph for the rest of the day having returned inside the 100km radius and returned to base or accepted another job inside the radius. Work either side of the Tachograph requirement should be manually recorded as ‘other work.

After operating outside 100  kilometers

Because the operative has travelled outside the 100km, they have now come under the requirements of the EU Regs No 561/2006, EC Drivers Hours and Working Time Directive so to be absolutely safe, as it stands at the moment, the operative should record and abide by the required rest breaks for the next three weeks.

Emergency recovery/removal

The requirement for the Company to attend an emergency overrides all drivers hours requirements. The use of the description ‘emergency’ will need to be observed carefully. It will generally be regarded as the scene of an accident or a police/HA callout for a vehicle that poses a potential danger. Make sure it is recorded as such,        

Ownership

The Tachograph card and recordings belong to the individual but the management and records are the responsibility of the proprietor. The proprietor will also need to have a system in place that makes sure the Tachograph is functioning correctly. Calibration will need to be monitored

New Tachograph Inspections

Scale markings in Kilometres per hour ( additional MPH marking is allowed)
Presence of Tachograph serial number and appropriate ‘e’ marking.
Tachograph installation/ calibration plaque, presence, condition & calibration date.
“ K  factor” plaque for presence, condition and “K factor” clearly visible (advisory until 1st  September 2002).
Condition and presence of seals ( checking for  evidence of interference )

Tachograph exempt vehicles using a Tachograph as a speedometer

A vehicle must have a Tachograph fitted unless the presenter claims that it is  exempt from the Tachograph regulation.

If a Tachograph is fitted on a exempt vehicle and used in place of a speedometer, the Tachograph must be calibrated and sealed in accordance with Community Recording Equipment Regulations.

Providing the seals remain intact there will not be a requirement to have a 2 yearly inspection or further calibration.

If the vehicle legally requires a speed limiter and has the speed signal operating the limiter transmitted from the Tachograph head, then all seals including the gearbox sender unit must remain intact to avoid the requirement for re-calibration.

If the vehicle does not legally requires a speed limiter ( or the speed limiter does not receive the   signal from the Tachograph head)  then the Tachograph head seals ( excluding the gearbox sender unit seal ) must remain intact to to avoid the requirement for re-calibration.