User talk:Nick b2581

Implications of Tachograph Regulations for Vehicle Hire Company's

This article details how The Department for Transport's recent changes to the European Union (EU) drivers' hours rules impacts vehicle hire company's.

The new European Regulation on drivers’ hours (Regulation (EC) No 561/2006) came into force on 11 April 2007. The new Regulation contains updated exemptions and national derogations. This includes a revised derogation for vehicles with 17 or less seats, which now reads “vehicles with between 10 and 17 seats used exclusively for the non-commercial carriage of passengers”. Although Great Britain has adopted this national derogation, it only exempts vehicles not been used for commercial purposes. In all other instances, a tachograph would have to be fitted.

For an operation to be considered non-commercial it must be on the understanding that the operation as a whole is carried out: without a view to profit; nor incidentally to an activity which is itself carried out with a view to profit – which would rule out a ‘free’ minibus service to and from a local retail park for example.

The decision to fit a tachograph to minibuses would depend therefore on anticipated use. As indicated above if the minibus was going to be used on any occasion for commercial purposes then a tachograph would have to have been fitted and the customer would have to abide by the EU rules on that occasion.

Another derogation which exempts "vehicles owned or hired without a driver that do not compete with private transport undertakings". This derogation has also been adopted in Great Britain and the vehicles which can take advantage of it has been specified in legislation.

This derogation only applies to vehicles being used:

·         for the provision of ambulance services by or at the request of an NHS body;

·         for the transport of organs, blood, equipment, medical supplies or personnel by or at the request of an NHS body;

·         by a local authority to provide services for old persons or for mentally or physically handicapped persons;

·         by HM Coastguard or a general or local lighthouse authority;

·         for maintaining railways by the British Railways Board, any holder of a network license which is a company wholly owned by the Crown, Transport for London (or a wholly owned subsidiary), a Passenger Transport Executive or a local authority; or

·         by the British Waterways Board for the purpose of maintaining navigable waterways.

For vehicles operating under this derogation a tachograph would not have have to be fitted or used for that operation.

The implications of the payment by a customer for the hire of the minibus. The act of hiring the minibus does not make the actual operation undertaken by the customer commercial. So long as the customer used the minibus non-commercially as detailed above then they would be exempt from the EU rules.

Finally, international journeys undertaken in a vehicle with 10 or more seats, including the driver's a tachograph should be used. This would be regardless of the non-commercial nature, or otherwise, of the journey. When traveling through foreign countries it is always advisable to contact the Embassy of the country or countries been passed through, for further information on this or any additional national legislation that must be complied with