Tachograph Exemption in the UK

A GUIDE FOR OPERATORS

Zed Aziz

Tachograph Exemption within the UK: Understanding Operators, Activities, and Limitations

In the UK, while tachographs are essential tools for monitoring drivers’ hours and ensuring road safety, certain operators and activities are exempt from this requirement. Understanding these exemptions is crucial for transport operators to ensure compliance and avoid unnecessary administrative burdens. This blog will outline the key categories of operators, activities, and the legal framework governing tachograph exemptions in the UK.

Legal Basis for Tachograph Exemptions

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.

Categories of Tachograph Exemptions

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.

Lets discuss some real examples of Tacho Exemption.

The following 3 operators have used my services and were all tachograph exempt, Hallelujah - Praise the Lord! makes my job a lot easier:

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.

Limitations and Requirements

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.

Proof of Exemption

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.

Word of Caution

While certain vehicles are exempt from tachograph regulations, it's crucial to remember that many modern vehicles, even those technically exempt, come equipped with built-in tachographs as a standard feature. Think of it like this: every vehicle as described above is essentially fitted with a "black box," similar to the ones issued by insurance companies for young drivers. This means that despite not being legally required to use a driver card, the vehicle itself is still recording valuable data such as driving time, speed, and instances of harsh braking. This information can be accessed by authorities during investigations, particularly in the event of an accident. Even if a driver isn't legally required to comply with tachograph regulations, the recorded data can provide crucial evidence in determining liability or understanding the circumstances surrounding an incident. This highlights the importance of responsible driving practices, even in exempt vehicles, as the technology continues to monitor and record vehicle activity regardless of exemption status.

To sum up, getting to grips with tachograph exemptions in the UK means understanding how the law, vehicle technology, and driver responsibility all work together. While exemptions exist for certain vehicles and operations, many modern vehicles have built-in tachographs that record driving data whether it's legally required or not. This can lead to operators unknowingly taking on unnecessary compliance burdens when they are actually exempt. Some operators might choose to use tachograph data for risk management or insurance purposes, but others might be making things more complicated than they need to be. This highlights the need for operators to be crystal clear about which exemptions apply to them. By staying informed and getting expert advice, businesses can avoid unnecessary compliance burdens and streamline their operations.

And remember, putting safety first is crucial, regardless of your tachograph obligations. If you need any help with tachographs or driver hours, please don't hesitate to contact us at Fleet Transport Consultants. We're here to help you navigate the complexities of road transport regulations and ensure your business remains compliant and efficient.