Exemptions for tacho use UK
The following are exempt from EU regulations. In addition, vehicles and activities listed under items 13–26 are exempt from EU regulations when operating within the UK.
1. Goods vehicles not exceeding 3.5t maximum permissible weight (including any trailer or semi-trailer). See also Note 1 in item 1 of Exempted Vehicles in Drivers' Hours of Work Records. Exempted vehicles are subject to UK domestic regulations (see British Domestic Operations later in this section) unless they are covered by some other exemption.
2. Vehicles used for the carriage of passengers constructed or equipped to carry not more than 9 persons including the driver.
3. Vehicles having a maximum authorised speed not exceeding 30kph.
4. Vehicles used by or under the control of the armed services, civil defence, fire services, and forces responsible for maintaining public order.
5. Vehicles used in connection with sewerage, flood protection, water, gas and electricity services, highway maintenance and control, refuse collection and disposal, telegraph and telephone services, carriage of postal articles (but see Note 2 below), radio and television broadcasting and the detection of radio or television transmitters or receivers.
Note:
1. Vehicles used by local authorities not covered by this or any of the other exemptions below and which are in competition with professional road hauliers need to be fitted with a tachograph which the driver will have to use when operating under EC regulations 3820/85 and 3821/85 (for information on the tachograph see Drivers' Hours of Work Records).
2. In the case of refuse collection this applies to vehicles used for the collection and transportation of waste over short distances, within the context of a general service in the public interest, provided directly by public authorities or by private undertakings under their control. Commercial services are not covered by this exemption. (European Court Judgment in the case of Mrozek and Jager and Groupil and the High Court decision in the case of Swain v McCaul.)
3. Post Office vehicles (see Note 3 in item 5 of Exempted Vehicles in Drivers' Hours of Work Records).
4. In two High Court cases — VI v Cook Road Planning Ltd and VI v Ringway Group Ltd — it has been ruled that vehicles used for highway maintenance and control are not exempt from the EU regulations when going to or from a place where road maintenance is taking place; it is only while they are actually being used at the site that the exemption can be exploited.
6. Vehicles used in emergency or rescue operations.
7. Specialised vehicles used for medical purposes.
8. Vehicles carrying circus and funfair equipment.
9. Specialised breakdown vehicles.
10. Vehicles undergoing road tests for technical development, repair or maintenance purposes, and new or rebuilt vehicles which are not yet in service.
11. Vehicles used for the non-commercial carriage of goods for personal use.
12. Vehicles used for milk collection from farms and the return to farms of milk containers or milk products intended for animal feed.
13. Vehicles used for the carriage of passengers and constructed or equipped to carry not more than 17 persons including the driver, and intended for that purpose.
14. Vehicles being used by a public authority to provide public services which are not in competition with professional road hauliers.
Note: Only the following are covered — vehicles being used by:
(a) health authorities as ambulances or carrying staff, patients, medical supplies or equipment
(b) the social services department of a local authority to provide services for old people or for the physically and mentally handicapped
(c) authorities such as:
(i) HM Coastguard
(ii) a general or local lighthouse authority
(iii) a harbour authority within the limits of a harbour for maintenance or management purposes
(iv) airports authority within the perimeter of an airport
(d) the British Railways Board, London Regional Transport or any wholly owned subsidiary of LRT, a Passenger
Transport Executive or a local authority for railway maintenance
(e) the British Waterways Board for navigable waterway maintenance.
15. Vehicles being used by agricultural, horticultural, forestry or fishery undertakings to carry goods within a 50km radius of the place where they are normally based, including local administrative areas the centres of which are situated within that radius.
Note: Where fishery undertakings are concerned this only applies to the carriage of live fish, or a catch of fish from the place of landing to the place where it is to be processed.
16. Vehicles carrying animal waste or carcasses which are not intended for human consumption.
17. Vehicles carrying live animals between a farm and a local market or from a local market to a local slaughterhouse.
18. Vehicles being used as shops at a local market; for door to door selling; mobile banking, exchange or savings transactions; for worship, for the lending of books, records or cassettes; or for cultural events or exhibitions.
Note: Such vehicles must be specially fitted for the use in question.
19. A vehicle carrying goods having a permissible maximum weight not exceeding 7.5t and carrying material or equipment for the driver's use in the course of his work within a 50km radius of the place where the vehicle is normally based and providing driving the vehicle is not the driver's main activity.
20. Vehicles operating exclusively on an island not exceeding 2300km2 in area and which is not connected to the rest of Great Britain by a bridge, ford or tunnel.
Note: This includes the Isle of Wight, Arran and Bute.
21. A vehicle propelled by gas produced on the vehicle or a vehicle propelled by electricity, having a permissible maximum weight not exceeding 7.5t.
22. A vehicle being used for driving instruction with a view to obtaining a driving licence.
Note: This does not apply if the vehicle or any trailer or semi-trailer attached to it is carrying goods on a journey for hire or reward, or for or in connection with any trade or business.
23. Tractors which are used exclusively for agricultural and forestry work.
24. A vehicle propelled by steam.
25. Vehicles used by the RNLI for hauling lifeboats.
26. Any vehicle manufactured before 1 January 1947.
HTSH
