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Zed Aziz
The legal framework for tachograph exemptions in the UK is primarily derived from the following sources:
EU Regulation 561/2006: This regulation governs drivers' hours and tachograph rules across the European Union. It outlines the general requirements and exemptions.
The Road Transport (Working Time) Regulations 2005: This UK legislation implements EU Regulation 561/2006 and provides specific provisions for domestic rules.
The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007: This legislation sets out the requirements for Driver CPC, which is related to drivers' hours and tachograph rules.
Here are some common categories of tachograph exemptions in the UK:
Vehicles Used for Non-Commercial Purposes: Vehicles used for private purposes, not connected to any commercial activity or used to earn a living, are generally exempt from tachograph requirements.
Vehicles with a Maximum Speed Not Exceeding 40 km/h: Vehicles that are technically limited to a maximum speed of 40 km/h or are incapable of exceeding this speed are exempt.
Vehicles Used by the Armed Forces, Police, and Fire Brigade: Vehicles owned or operated by these services are exempt when used for their specific duties.
Vehicles Used in Certain Agricultural, Horticultural, Forestry, Farming, or Fishery Activities: Vehicles used for carrying goods within a 100 km radius from the base of the undertaking, as part of their own entrepreneurial activity, are exempt.
Vehicles Used for Road Maintenance and Emergency Services: Vehicles used for maintenance of roads or for providing emergency services, such as breakdown recovery, are exempt under certain conditions.
Vehicles Used for Driving Instruction and Tests: Vehicles used for driver training and testing are exempt.
Vehicles Used for Certain Passenger Transport Operations: This category includes:
Vehicles with no more than 16 passenger seats used for non-commercial carriage of passengers.
Vehicles used for social services purposes, transporting disabled or vulnerable people.
Vehicles used for school transport, under specific conditions.
1. Scaffolding Company
Scenario: A scaffolding company uses vehicles to transport materials and equipment to various sites.
Exemption Details:
Type of Vehicles: Vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7.5 tonnes.
Purpose: Used for carrying materials, equipment, or machinery for the driver’s use in the course of their work within a 100 km radius from the base of the undertaking.
Legal Basis: Article 13(1)(g) of Regulation (EC) No 561/2006.
Explanation: This exemption applies because the primary function of the vehicle is to carry tools or equipment for the driver’s use in their work, and it is not primarily engaged in transport operations.
2. School Minibus Company
Scenario: A company provides minibus services exclusively for transporting children to and from school.
Exemption Details:
Type of Service: Vehicles used for the carriage of passengers on regular services where the route does not exceed 50 km.
Legal Basis: Article 3(a) of Regulation (EC) No 561/2006.
Explanation: Minibuses providing school transport services on fixed routes that do not exceed 50 km are exempt. This exemption recognises the short, repetitive nature of such routes, distinguishing them from commercial passenger services.
3. Traffic Management and Road Maintenance Company
Scenario: A company uses HGVs for traffic management and road maintenance activities.
Exemption Details:
Type of Vehicles: Specialized vehicles used for road maintenance and traffic management services.
Legal Basis: Article 13(1)(k) of Regulation (EC) No 561/2006.
Explanation: Vehicles used specifically for road maintenance and traffic management are considered specialized and essential for maintaining road safety and infrastructure. Therefore, they are exempt from tachograph regulations under the provision for vehicles used in connection with sewerage, flood protection, water, gas, and electricity maintenance.
It's important to note that even if a vehicle is exempt from tachograph requirements, operators still need to comply with other regulations, such as drivers' hours rules or Working Time Directive. Additionally, some exemptions may have specific conditions or limitations. For instance, the exemption for vehicles used in agriculture has a radius limitation.
Operators of exempt vehicles must be able to provide proof of exemption if requested by enforcement authorities. This usually involves carrying a declaration form or other documentation that clearly demonstrates the vehicle's exemption status.