Nigel Grainger brings together a related set of skills that all fleets require, to greater or lesser
degrees, but which may not have the staffing or the skills to fulfil those needs.
Bringing his wealth of experience in all areas of fleet management he offers a bespoke service through his company Fleet Risk Consultants, providing you with a cost effective fleet that complies fully with your 'duty of care' requirements.Towing Trailers with Vehicles and the Law
I have found my self in a really strange place recently.
I have advised a client that to comply with the law they must fitted tachograph units to some of their vehicles and obey the driver hours regulations. The problem is that neither the vehicle manufacturers or the tachograph manufacturers have a solution for most smaller vehicles. By smaller vehicles I am talking about 4×4’s, pick-up trucks and cars.
This means that my client cannot meet the requirements of the legislation at all. This is a situation I find ludicrous. To give you some more background I suggest you read further.
The Gross Train Mass (GTM) of some cars now exceeds 3,500kg and a large number of these are cars purchased by or for businesses. Now for those who are not in the know, Gross Train Mass is defined as the weight of the vehicle, any trailer towed behind it and the weight imposed on the two. The weight of 3,500kg is important because vehicles with a permitted Gross Mass in excess of 3,500kg are required by European Law to obey EU Drivers Hours and Tachograph Law, if the vehicle is used in connection hire and reward (business use). This initially involves the fitting of a Tachograph Unit to record data about the activities of the driver and vehicle.
To establish the permissible Gross Train Mass or even the permissible Gross Vehicle Mass of your vehicle you need to find the VIN Plate. This is a metal plate stamped with the Vehicle Identification Number (VIN), and a series of 4 numbers that denote weight in kgs. The Gross Vehicle Mass is the top number, the Gross Train Mass is the second number, the Front Axle Mass is the third number and the Rear Axle Mass is the last number. These weights are the Maximum permissible masses allowed, not the current mass. These plates are either under the bonnet or on one on the sills inside the front doors. The design of the vehicle is not important only the permitted masses.
Until recently all passenger cars had a Gross Train Mass of 3,490kg and hence fell below the threshold of 3,500kg, but with the advances in technology the car manufacturers have been able to increase the capacities of the cars, in some cases, far in excess of 3,500kg. They have done this, in my opinion, to allow people to tow larger caravans more safely, which is a definite bonus. Also the private use of these vehicles to tow a caravan will not require a tachograph to be fitted.
The problem arises with the purchase of these newer vehicles by the fleet industry. These vehicles are being used for business, and if a towbar is attached to allow the transportation of goods in trailers by the business, then the vehicle falls within the regulations. The big issue is that the car manufacturers have yet, as far as I am aware, to produce a tachograph unit that is able to be fitted to their vehicles.
It is not illegal to sell these cars without a tachograph as the manufacturers do not necessarily know the use the vehicle will be put to, but if you are using the vehicle and you do not comply with the law you will potentially be looking at prosecution. Fleet Risk Consultants are already discussing this issue with a number of manufacturers on our clients’ behalf, but if you tow trailers in connection with your business you should be raising the issue with your vehicle supplier.
Whilst we are on the topic of tachographs it is worth noting that almost all the panel vans, 4 x 4 Pick-ups and Sports Utility Vehicles (SUV) will require a tachograph when towing for business.
Your individual use of vehicles and trailers may fall outside the regulations as there are a few exceptions available, if you are in any doubt you should either contact us directly or seek other legal advice.
As for my client, we are now looking at using Trucks rather than the more cost and fuel efficient smaller vehicles.
Nigel Grainger
Senior Consultant
December 24th, 2009 at 4:42 pm
Hi,
Just to say that I am curently struggling with the loose and inaccurately drafted Tachograph and working hours regulations as they apply to a low frequency low hours( average 8.5 hours in scope per week)as applied to two 4×4 vehucles towing trailers with a combined Maxi,mum permissible mass of over 3500 Kg.
Fitting and using the tachos themselves was no problem BUT keeping adequate records when the tachos are only required when towing and the conseqyuences of the rule that triggers driver hours recording if just 1 day between two weekly rests includes driving over 4 hours. This requirement is at complete odds with the flow chart showing the required use of records printed earlier in teh same VOSA document. I await an answer, 6 weeks so far, from VOSA to other queries arising concerning working hours definitions and recording rest when 3 or 4 miles away from the vehicle on other duties. There are at least a further dozen points that have been raised but most have been sent up to VOSA HQ for policy decisions.
I await developments
Regards DG
January 13th, 2010 at 6:31 pm
Hi from Ireland, very good post, deserves a Digg.
February 13th, 2010 at 2:38 pm
Hi All,Wish I had read this site before we make and deliver animal housing,we bought on hp a brand new toyota 4×4 pick up towing a tri axle trailer (All new tyres etc).
We were stopped by VOSA 10 days ago they fined us £200 and issued a prohibition notice on us for not having a tacho.
The toyota main dealers knew our business and what we needed the vehicle for they even fitted the towbar but my ignorance of the law means I have had to have a tacho fitted or close my business, the cost of the tacho is £1520.00 plus vat plus the fine plus being off the road unable to deliver the whole situation is a nightmare.
Toyota,Ford,Landrover and the like should issue clear guidance on this matter do any of the readers think I can claim against the Toyota dealer who sold me this vehicle.
Regards all
Phil
February 13th, 2010 at 3:02 pm
Hi Phil,
There is probably something in the Handbook about the tachograph, there is in the one for my Landcruiser.
Give me a call 01623 675833, I may be able to help you.
Nigel
February 28th, 2010 at 6:16 am
Good post, I bookmarked your blog so I can visit again in the future, All the Best
February 28th, 2010 at 8:10 pm
Hi, I have the same problem. I am a sole trader and do small handy man jobs I have a vivaro van and need a trailer ma by once or twice a month to move a micro digger / carry scaffold tower / the od ton of gravel. Just found out about the new law shouldn’t some information have being sent out to commercial van owners to make them aware of this law. Back to my business I am now thinking that I will have to ether close my business down or stop a lot of my work, this could make me stop in the long run. I travel no more then 20 miles from my base. What a f**k*p for small business peoples trying to make a living. There must be some exceptions for small business peoples or there will be more people out of work. I was told to buy 4 X 4 for personal use and use that to tow the trailer? My business can not afford £1600 + vat + all the rest that goes with the cost of running the system. Trust the EU AND OWER GOVERMENT to do this it seems as they don’t want people to work. One very p***of Dave
March 1st, 2010 at 9:43 am
David,
Give me a call 01623 675833 and let us discuss it as there may be an exemption we can use for you.
The same applies for anyone else who is struggling with the rules, that is why we are here after all.
Nigel
March 2nd, 2010 at 11:04 pm
I was stopped on the 2nd March 10 and told by vosa that I had a proabition order served on van for seven days(swb vauxhall vivaro) and the accompanying policeman (jumped-up little hitler) gave me a £200.00 fine. I only use the trailer occasionally to collect cars on behalf of customers. The nature of my business is restoring classic vehicles however, the van is registered at my home address and is not a `works` van and is not sign-written but this did not seem to matter. Nor did fact that I had not been notified of this change in the law. I have no intention of paying the fine and may choose to act as an example for ALL of those other unfortunate individuals who have shared their same story on the internet. I consider that I am an exemption due to the van not being an `obvious` works van
If you would like to contact me I would be grateful. 01202 814602
March 3rd, 2010 at 12:56 pm
Hi
Having been stung by police for towing a trailer with a 3500kg merc sprinter, finding it confusing about tachograph laws.
If a tachograph is fitted for the purpose of towing a trailer, would you need to use it all the time as it is now installed?
thanks
March 3rd, 2010 at 1:01 pm
Phil,
The short answer is no. If you are not within scope of the rules you do not need to use the tachograph unit.
Give me a call 01623 675833 and we can help you understand the rules.
Nigel
March 17th, 2010 at 9:30 pm
Your web site is brilliant I will have to read it all, thank you for the diversion from my workload!
March 26th, 2010 at 3:53 pm
Crazy. We have been hiring expensive compressors occasionally for years and decided to buy one. Now we find out that we can’t move it until we have a tacho fitted to one of the service vans. Do we then have to use the tacho all the time?
April 14th, 2010 at 11:16 pm
I like what im hearing, but im in a dilema being a small time farmer/contractor always pulling a 16 foot trailer carrying a tractor or machinery for my job will i need to have a tacho fitted to my old nissan pick up worth less than 1500 pounds, its discracefull ,we just last year were issued with animal in transit laws now this burden ,i think its money making gone mad, on the working class.
April 15th, 2010 at 3:50 pm
Hi Arfon,
There is a very good chance that you will not need a tacho fitted to your pick-up.
Give me a call 01623 675833 and tell me more information about exactly what you are doing and I will see what we can find to help you.
Nigel
April 22nd, 2010 at 5:46 pm
Good Comments. I agree with your point.
May 1st, 2010 at 8:56 pm
Good evening guys.
Firstly I must complement you on your website and the information it holds!!
I find myself in the same position as many of your colleagues. I have just ordered a new 3.5 tonne truck which I will occasionally use to tow a trailer. I will build my own body (We have a classic car and museum operation)and have a tacho fitted for the occasional ‘tow day’. But I have also been advised by a very respectable recovery body specialist to fabricate a removable towbar as he is aware of VOSA stating that if a towbar is fitted you are capable of towing at any time and hence should be continually on tacho!!?? Trailer or not! What happens when the tacho realises that 99% of the time there is no card installed? This wouldn’t be a problem for the analogue system but having never used a digital I’m not so sure . Plus like others have mentioned….the cost of all this!
Any advice would be extremely welcome.
Thanks again.
David
May 10th, 2010 at 9:56 pm
What a brilliant website. I’ve been going around in circles trying to find out if I need a
tacho, I’m really hoping you can clarify the situation. I am a soletrader with a large panel van, and occassionaly (maybe once a month) I have to transport handmade gates to my customers. The weight would be over 3.5 tons train. This is usually no more than 60 miles away at the most, but usually I work much closer to home. I am under the impression that I would need a tacho just for this work? If so could I use a paper record or would I need to go to the expense of buying a tacho (which would probably cost me more than the van did !!) I would be really grateful for your help. Manythanks.
June 20th, 2010 at 12:45 pm
Hi David,
The digital tacho records all movements of the vehicle regardless of whether the vehicle is in or out of scope. How would teh stupoid thing know if there was a trailer on teh towball?? The nonsense about needing a tacho just because you have a towball fitted is just that. Nonsense. The regulations clearly state that vehicles or vehicle combinations with a gross permitted mass, note not actual mass, require teh use of tachos. If teh tow vehicle complete with towball weighs less than 3500 kg you are exempt, if teh trailer plus vehicle GPM is less than 3500 kg you are exempt. However in practice this means that you can only tow a little hobby trailer of about 750 kg GPM with the average 4×4 before the GPM exceeds 3500 Kg and so requires a tacho.
However all this applies only to vehicles being used commercially so towing your mates car home on your Ifor Williams flatbed, a non commercial activity needs no tacho provided there is no hoire or reward involved.
Use up all your tacho hours allowance during teh week , come home and couple up your 26 foot caravan and off you go and can drive for as long as you like without tacho. Crazy or what???
I have had a long and difficult correspondence with the VOSA policy advisor, traffic enforcement, One Susan Traynor and it is clear that VOSA have not prosecuted enough of the borderline cases where vehicles only fall into the scope of the regs when towing to clarify the very poorly drafted regulations.
I now keep a complete working diary showing when I am using the digital card in the tacho, when I am driving under the horticultural exemption, when I am on site but not driving, when I am at base in the workshop and when I am at base in the office.
This sort of detail is required even if you drive under tacho rules for just a few minutes per week as the regs require that you account for your non-resting time between each weekly rest period. There is also a need to prove compliance with the transport working time directive requiremenst for an average 48 hour week over any 17 week period.
There is an amazing amount of intrusiveness involved, I work at home on Health and safety stuff on my copmputer. Technically this shopuld be recorded as other duties even if I do it at 10 at night rather than waste time on facebook and the like which are “rest activities”. How the hell this could ever be proved for the purposes of prosecution against me I do not know but Susan Traynor was very insistent that I must comply.
I caould run on for ages but enough is enough.
Regards DG