FYI: New Legislation regarding Tachographs in HGV Horseboxes

[Boolagh]

I was very surprised to be told by a VOSA testing station yesterday that our HGV box was going to fail its MOT because (amongst other things) the Tachograph was not calibrated and therefore not working.
Apparently, legislation has now changed to ensure that even private users have to use the tachograph and that their records could be checked during road side stops. Of course, this means that drivers will have to adhere to Driver's Hours Regulations as well.
Apologies is this has already been posted elsewhere, but has anyone else heard of this?

 

[laura05]

yes i have been told that is it also true that they are to be limited on speed for 7.5 tons too

 

[foraday]

Its been law since April 11 2007.

As well as the normal 2 yearly and 6 yearly calibration checks you have to put in a tacho chart to record your driver times and rest breaks.

Fines start around £5000 for each offence including not putting a chart in!

 

[Thistle]

I think 7.5t are ok if older than 2002.

Mine was plated in Dec and didn't need one, it's T reg.

 

[_jetset_]

I thought it was only if you were being paid for the journey, so for example if you were a horse transporter rather than if you are driving your own box with your own horse.

 

[eventersrus]

l just fill in a tacho exempt form,will this not do now??

 

[foraday]

HGVs are not tacho exempt!!!

All HGVs privately owned have to adhere to the tacho laws.

7.5t are exempt for the moment but watch this space

 

[foraday]

http://www.vosa.gov.uk/vosacorp/repository/GV262%20Jan%202008.pdf

Here are your driver hours all up to date!

 

[alligator]

Very sad but very true. All HGVs whether horseboxes or not have to have a tacho chart in them. Please also be aware as this is the case, you are governed by tachograph rules as for your working week. Therefore, if you work mon-fri for example, you can't legally drive your horsebox sat and sun as you won't have had the required amount of days off, even though you may have only driven it at the weekend!

Don't know if I've worded that very well but was assured that this is the case by the people at the testing station for last MOT.

I emailed VOSA to check about 3 months ago and have never had a reply despite resending the email.

It's an issue that is quite close to my heart and really makes me get on my soapbox!!!!

 

[christine48]

Mine was plated in november and didn't need one

 

[rolls1392]

I get the above site listed by faraday. If your LGV doesn't exceed 7.5t and not used for hire/reward, then it appears not to need a tacho. Thank god for that!!
If I'm right....

 

[FRESHMAN]

No Becki. In any HGV you now need a tacho & chart for every time you drive. The penalty is quite severe. This is causing all sorts of problems for riders that compete abroad. Only today Andy was stranded at Dover as they would not allow horses on the ferry, all the local lairage stables were fully booked. What are you supposed to do, leave them stood on a waggon or break the rules & drive.

 

[_jetset_]

Oh no... they just don't think about things like that do they?!

Mine is 7.5 tonnes, but does have a tachograph fitted

So I am not sure where I stand with that one

 

[conniegirl]

Freshman, there is an allowance for unforseen events (bottom of page 22 of the above link) so your friend Andy was fine to drive on to the nearest lairage that had space.

 

[conniegirl]

becki, you fill in the tacho exemption form, i think you need to get the tacho sealed as well.

 

[_jetset_]

Even for a non -HGV???

 

[alligator]

I think because you're not actually HGV you don't come under their ruling so don't need to do anything.

My understanding of it is, you would only need an exemption cert if your vehicle came in to a class which requred a tacho but was exempt for a specifiv reason, but not if you don't come in to the category in the first place.

It does seem to be really complicated though, and doesn't really give any guidance for people who do office jobs and then drive horsebox in evening or at weekends. In theory this appears to be illegal!!!

 

[PeterNatt]

If you have a 7.5 ton vehicle the tachograph needs to be calibrated every 6 years even if it is a private vehicle. When having it tested you need to fill in the exemption certificate but the tachograpoh must still be tested every 6 years.

If you have a H.G.V. then your tackograph needs calibrating but must also be used even if it is a private vehicle.

 

[alligator]

Hi Peter,

Do you know if the ruling I mentioned above is correctly interpreted?
Basically, we have HGV which we should be using tacho charts for.

I don't drive for a job, howver, I think according to the rules, if you drive a vehichle requring a tacho at all, you are then governed by tacho laws for the rest of that week and subsequent weeks if you carry on driving.

Therefore, if I start my week by driving the horsebox up the road to a local show on a Saturday and then go somewhere again on a Sunday, does this mean that my Friday I'm not allowed to go to work, to my non-driving job as I'm due weekly rest??

Also, if you can't be "on duty" for more than 11 hours a day, if you go to a show really early, are there are day and travelling back will take you over 11 hours, are you then illegal again?

Hope that made some kind of sense!!!! You seem to be quite good at stuff like this so thought you might know! Must be more chance of a senssible answer from you than VOSA anyhow!!!

If this is the case then will be very interesting to see if event riders/showjumpers etc are all employing drivers as they won't be able to drive nor will their grooms as unless days off are managed very carefully they will be in contravention of drivers hours regs!

 

[FRESHMAN]

Unfortunately that was on the other side at Calais. Everyone is fully booked due to so many SJ's travelling to the Spanish Sunshine Tour. Also the knock on effect that the next overnight was a a six hour drive from Calais, following on to another overnight in Biarritz (sp) & finally overnight in Madrid. Miss your first booking & it has a knock on effect with over a 1000 horses booked at different stables en route.

 

[FRESHMAN]

I think this is a very valid point & would love to know a definate answer. We have been told that if my son drives to a show & then drives back (within his hours) he could be liable because as he is the rider at the show he is still working & therefore could be over his hours. We can not get a straight answer though from the powers that be. Also there is another school of thought that says regardless of over or under weight waggon's it depends on the distance travelling. 60km sticks in my head for some reason. Then tacho rules apply. Isnt it crazy that no one will give a straight answer & stick to it.

 

[henryhorn]

Sorry guys, the advice to listen to is Peter Natts'..
I am positive he's correct beacuse I had a long conversation with the VOSA inspector and he told me what to do last year...

 

[alligator]

Crazy isn't it. I assume the new rules will provide us with some kind of EU funding to all employ drivers then!! Hmm, thought not.

So if what we think is correct, nobody who works during the week can take horses out competing or otherwise at the weekends in a HGV unless they take time off work in the week for their "weekly rest." Essentially it's legislating that we are now no longer permitted to pursue our hobbies within our free time. Grr, makes me so cross

Is also, pathetic that you can't get an answer from VOSA. There's probably a good chance that a lot of the people who work there don't know anyway!

 

[Boltonrider]

Just a quickie point.....

If your the rider as well as the driver.....
Taking part in the show is not counted as being at work or on duty unless your in a standby position where you could be required to move the vehicle in question at any time.
Or your a pro and being paid/ under sponsorship to take part in the show.

Riding/showing is still classed as a hobby, outside of WTR (working time regulations) and Driver Hour Reg's.

To clarify the situation in your own particular circumstances, I'd suggest you visit the VOSA website, obtain the contact for your area traffic commissioner and write to them. Ask for a written reply confirming the situation as it stands in law, and when they confirm the details, be certain to take a copy and ALWAYS carry the copy in your horsebox, for when you get stopped.

Just to clarify... the 7.5t vehicle is classed as HGV/LGV for the new regulations, used to be known as non-hgv.

As for Tacho reg's, the most simple and effective situation is to have the Tacho calibrated and sealed, and use it every time. It's a very simple procedure, and all the details are available on the web for Driver hour compliance, remember to keep a simple log book with details of working/drivers hours. And if your stopped, you have the details even when not required.

 

[FRESHMAN]

I hear what you say BR. Unfortunately my son is the only HGV driver at the shows as OH & myself dont get to many these days. Also as riding is his job that would explain why he is considered to be working. It just seems so daft though that others can do it as a hobby & it is discounted, I think the powers that be feel we can all provide a HGV driver just to take you to shows & sit around for the weekend/week/ month or whatever.

 

[Bendavis]

I Had a reply from VOSA this week. The info that they sent me was the same as in The Horse & Hound in April 2007. We have sent emails to the BSJA, BES and Ruth Kelly. If this matter is not resolved then it will be the death of the small horse show and is an infringement on our leisure time.

 

[Bendavis]

In Cornwall someone was stopped with a 9 ton private horse box and told to comply with the tachograph laws by putting one in for every journey? What is the difference between a 7.5 ton & a 9 ton private horse box used to carry domestic animals as EU regulations state WTD as under domestic rules. The only difference is the licence. Please write to your MP as this is an infringement of our civil liberties.If allowed show jumping will disappear as no one will be able to go at week ends after a weeks work.

 

[Bendavis]

no the exemption form wont work now , We needto fight this

 

[Bendavis]

no if this is a non economic journey then you are exempt but for people making money out of it i.e a bussiness then yes these rules must apply but not for leisure

 

[Bendavis]

Go on give up you hobby , we have to have our say against this horse box drivers are very safe anyway as they have there babys in the back