Sherco,
I,m afraid to say its very real ,
they are not just talking about it
Here is part of a vosa page
Tachograph Law for ACFO
The current law requires any vehicle with a maximum permissible weight exceeding
3,500 kilograms to have Tachograph recording equipment fitted, and that equipment
should be used in conjunction with Tachograph charts to record the activities of the
driver.
Until recently the effect of this legislation in relation to vehicles below 3,500 kilograms
maximum permissible weight when drawing trailers was slightly confusing. There was
guidance issued by the Department of Transport that stated that trailers not used for the
conveyance of goods need not be considered in the weight calculation. However this
has since been challenged in Court and the Court’s finding was that all trailers must be
considered in the weight calculation when considering whether recording equipment
should be used.
In simple terms it means that any vehicle with a gross train mass exceeding 3,500
kilograms drawing a trailer of any description, and used in connection with a trade or
business, is required to use activityrecording
equipment and comply with EU drivers
hours regulations.
Section 97 of the Transport Act 1968 [as substituted by reg.2 of the Passenger and
Goods Vehicles (Recording Equipment) Regulation 1979 and amended by reg.2 of the
Passenger and Goods Vehicles (Recording Equipment) (Amendment) Regulations 1984,
reg.2 of the Passenger and Goods Vehicles (Recording Equipment) Regulations 1989
and the Passenger and Goods Vehicles (Recording Equipment) Regulations 1996]
provides:
“(1) No person shall use, or cause or permit to be used, a vehicle to which this
subsection applies – (a) unless there is in the vehicle recording equipment
which – (i) has been installed in accordance with the Community Recording
Equipment Regulation….and any person who contravenes this subsection shall
be liable on summary conviction to a fine…..
(6) This subsection applies at any time to any vehicle to which this Part of this Act
applies if, at that time, Art.3 of the Community Recording Equipment
Regulation requires recording equipment to be installed and used in that
vehicle….
(7) In this Part of this Act – ‘the Community Recording Equipment Regulation’
means Council Regulation (EEC) 3821/85 on recording equipment in road
transport….as read with the Community Drivers’ Hours and recording
Equipment (Exemptions and Supplementary Provisions) Regulations 1986….”
Section 108(1) of the Road Traffic Act 1988 provides:
“In this Part of this Act …..’
permissible maximum weight’, in relation