Tachograph

Prim05

I drive for an irish company who have a lot of trucks on road they do not have a facility to download tachograph card and when I enquired they said they didn't need one because they are not a transport company they are into truck sales,hire and maintenance . I still use my tachograph card for my own sake I also keep up to date with cpcs , my question is where do I stand legally if stopped and card is read on road also another driver recently started who doesn't own a tachograph card and has never done a cpc course works cheaper and takes away my little bit of overtime what do I do

CiniO

Unless the use of truck would qualify exception on tachograph use, I think your company must provide facility to download tachograph cards data, as well as require all drivers to use tachograph, and have valid CPC.

Ask RSA - you can ring them and explain the situation.

GM228

Unless an exempt vehicle then you must have a card.

When you drive the truck under what capacity do you do so? i.e are you delivering a hire truck to a customer or is the truck carrying freight for a commercial purpose?

If your driving the truck with a freight for a commercial purpose then your employer must download the digital tachograph every 21 days (or no later than 28 days).

Even if your employer isn't a transport undertaking if they supply a driver with their truck for a commercial freight purpose then they must download the digital tachograph.

If the above isn't the case then it's a little less clear as going by legislation the data must be downloaded by a commercial undertaking, but an undertaking is defined as a body who carries freight (or passengers) for a commercial purpose so if your employer isn't carrying freight when your driving the truck then technically they arn't an undertaking.

As Cinio suggests it's no harm contacting the RSA for the exact guidelines.

With regards the CPC, all trucks of C1, C1E, C and CE truck drivers must have a CPC if driving in a commercial capacity.

Stephenc66

If I am reading this correctly it looks like each exempt truck must be registered as such with the RSA

http://www.rsa.ie/RSA/Professional-Drivers/Tachograph-cards/Exemptions/

http://www.rsa.ie/Documents/Tachograph_Enf/Tachograph_Declaration_form.pdf

GM228

Stephenc66 wrote: »

If I am reading this correctly it looks like each exempt truck must be registered as such with the RSA

You are correct.

Stephenc66

GM228 wrote: »

You are correct.

Are there exemptions for CPC ? And if so do they follow the same guidelines as the tachograph?

GM228

Stephenc66 wrote: »

Are there exemptions for CPC ? And if so do they follow the same guidelines as the tachograph?

No need to register for exemption to CPC which are as follows:-

Vehicles used for a non-commercial purposes, such as an ambulance etc.

A driving instructor, but only whilst giving instructions.

A vehicle driven in the course of someone’s work, provided that the actual driving the vehicle is not the driver’s occupation.

Driving a vehicle with a maximum speed not exceeding 45 kmh such as agricultural vehicles.

Stephenc66

GM228 wrote: »

No need to register for exemption to CPC which are as follows:-

Vehicles used for a non-commercial purposes, such as an ambulance etc.

A driving instructor, but only whilst giving instructions.

A vehicle driven in the course of someone’s work, provided that the actual driving the vehicle is not the driver’s occupation.

Driving a vehicle with a maximum speed not exceeding 45 kmh such as agricultural vehicles.

Cheers informative. I was thinking about Rally/Race Trucks, Private horse lorries etc. All non commercial.

OP sorry to hi-jack your thread but a lot of useful information there to for your situation

GM228

Stephenc66 wrote: »

Cheers informative. I was thinking about Rally/Race Trucks, Private horse lorries etc. All non commercial

Be careful though especially with a horse/cattle truck, whilst it applies to non-commercial use, anything carried must be for "personal use", so for example if you are carrying horses to be sold then it's not for private use, it's for a commercial purpose.

This was highlighted by the DVSA in the UK in relation to a farmer carrying livestock to be sold.

Driver E is a farmer. On an average of once a month, they transport some of their livestock to a local cattle market for auction. They need to have Driver CPC when doing this, as they’re not carrying materials or equipment for their use in the course of their work –they’re carrying cattle intended for sale.

Stephenc66

GM228 wrote: »

Be careful though especially with a horse/cattle truck, whilst it applies to non-commercial use, anything carried must be for "personal use", so for example if you are carrying horses to be sold then it's not for private use, it's for a commercial purpose.

This was highlighted by the DVSA in the UK in relation to a farmer carrying livestock to be sold.

That makes sense and would it would be easy caught out

I am guessing in the OP's case his employer is relying on part 10 of the registration form

"Vehicle undergoing road test for technical development, repair or maintenance purposes and new
or rebuilt vehicles which have not yet been put into service"


The question though is are the trucks declared accordingly and for what purpose is the OP driving them

GM228

Stephenc66 wrote: »

That makes sense and would it would be easy caught out

I am guessing in the OP's case his employer is relying on part 10 of the registration form

"Vehicle undergoing road test for technical development, repair or maintenance purposes and new
or rebuilt vehicles which have not yet been put into service"


The question though is are the trucks declared accordingly and for what purpose is the OP driving them

Another issue highlighted by the DVSA.

Driver C delivers newly registered and taxed lorries to customers after they’ve been painted in the customer’s livery. Vehicles count as being ‘put into service’ once they’re taxed, so they will need to have Driver CPC.

Prim05

GM228 wrote: »

Unless an exempt vehicle then you must have a card.

When you drive the truck under what capacity do you do so? i.e are you delivering a hire truck to a customer or is the truck carrying freight for a commercial purpose?

If your driving the truck with a freight for a commercial purpose then your employer must download the digital tachograph every 21 days (or no later than 28 days).

Even if your employer isn't a transport undertaking if they supply a driver with their truck for a commercial freight purpose then they must download the digital tachograph.

If the above isn't the case then it's a little less clear as going by legislation the data must be downloaded by a commercial undertaking, but an undertaking is defined as a body who carries freight (or passengers) for a commercial purpose so if your employer isn't carrying freight when your driving the truck then technically they arn't an undertaking.

As Cinio suggests it's no harm contacting the RSA for the exact guidelines.

With regards the CPC, all trucks of C1, C1E, C and CE truck drivers must have a CPC if driving in a commercial capacity.

I'm either driving the truck to a new customer or swapping with existing customer for essential maintenance or doe we never carry any freight except for parts swapping between our 5 garages

Prim05

GM228 wrote: »

Unless an exempt vehicle then you must have a card.

When you drive the truck under what capacity do you do so? i.e are you delivering a hire truck to a customer or is the truck carrying freight for a commercial purpose?

If your driving the truck with a freight for a commercial purpose then your employer must download the digital tachograph every 21 days (or no later than 28 days).

Even if your employer isn't a transport undertaking if they supply a driver with their truck for a commercial freight purpose then they must download the digital tachograph.

If the above isn't the case then it's a little less clear as going by legislation the data must be downloaded by a commercial undertaking, but an undertaking is defined as a body who carries freight (or passengers) for a commercial purpose so if your employer isn't carrying freight when your driving the truck then technically they arn't an undertaking.

As Cinio suggests it's no harm contacting the RSA for the exact guidelines.

With regards the CPC, all trucks of C1, C1E, C and CE truck drivers must have a CPC if driving in a commercial capacity.

I'm either driving the truck to a new customer or swapping with existing customer for essential maintenance or doe we never carry any freight except for parts swapping between our 5 garages

Prim05

GM228 wrote: »

Unless an exempt vehicle then you must have a card.

When you drive the truck under what capacity do you do so? i.e are you delivering a hire truck to a customer or is the truck carrying freight for a commercial purpose?

If your driving the truck with a freight for a commercial purpose then your employer must download the digital tachograph every 21 days (or no later than 28 days).

Even if your employer isn't a transport undertaking if they supply a driver with their truck for a commercial freight purpose then they must download the digital tachograph.

If the above isn't the case then it's a little less clear as going by legislation the data must be downloaded by a commercial undertaking, but an undertaking is defined as a body who carries freight (or passengers) for a commercial purpose so if your employer isn't carrying freight when your driving the truck then technically they arn't an undertaking.

As Cinio suggests it's no harm contacting the RSA for the exact guidelines.

With regards the CPC, all trucks of C1, C1E, C and CE truck drivers must have a CPC if driving in a commercial capacity.

I'm either driving the truck to a new customer or swapping with existing customer for essential maintenance or doe we never carry any freight except for parts swapping between our 5 garages

Prim05

GM228 wrote: »

Unless an exempt vehicle then you must have a card.

When you drive the truck under what capacity do you do so? i.e are you delivering a hire truck to a customer or is the truck carrying freight for a commercial purpose?

If your driving the truck with a freight for a commercial purpose then your employer must download the digital tachograph every 21 days (or no later than 28 days).

Even if your employer isn't a transport undertaking if they supply a driver with their truck for a commercial freight purpose then they must download the digital tachograph.

If the above isn't the case then it's a little less clear as going by legislation the data must be downloaded by a commercial undertaking, but an undertaking is defined as a body who carries freight (or passengers) for a commercial purpose so if your employer isn't carrying freight when your driving the truck then technically they arn't an undertaking.

As Cinio suggests it's no harm contacting the RSA for the exact guidelines.

With regards the CPC, all trucks of C1, C1E, C and CE truck drivers must have a CPC if driving in a commercial capacity.

I'm either driving the truck to a new customer or swapping with existing customer for essential maintenance or doe we never carry any freight except for parts swapping between our 5 garages