Tachographs in a 300Tdi

Q. E. D.

Awesome Paul

also from ntta NTTA Safe & Legal Towing - Trailers & Tachographs

Cheers for the links folks.

I'm after a 300Tdi built as a car rather than a 300Tdi Commercial - mainly for insurance reasons. 300Tdi Com's are a bloody fortune to insure. Plus I do need it as a personal vehicle for going to and from my day job.

It would be very rare that I go outside the 50km from base, so at least that saves some arse-ache.

As for CPC, it's a load of old cock (I have my PSV CPC) and a waste of time. Sadly CPC is required now by law and isn't transferable between PSV and LGV.

Time to break out the abacus and go for some serious chin stroking I think.

If i was u and u are not gonna be pulling a trailer 5days aweek not sure i would bother with all the hassle its gonna be alot of money to set up

having read the above am i right in thinking there are two exemptions that apply
one is the carrying of goods for a days work within x miles.ie .where driving is not the full time occupation of the driver. which applies to vans... transit , defender etc

the second is cars like a disco are exempt cos they aint commercial vehicles even when towing a trailer on a standard towbar.... whatever the distance and whatever is on the trailer.

so disco is legal to deliver cars on a trailer full time , wheras defender would need a tacho

I was thinking of doing the same thing... my interpretation;

Any vehicle (car, van or whatever) with a GVW of 3.5T or above (this includes any trainer part load or full it might be towing at any given time) then you are subject to EU Driver laws, assuming that you conduct the journey for commercial reasons and is in full or in part conducted on the public highway.

Any vehicle that is driven where the driver must comply with the above requires a tachograph fitted.

Where I fall down is understanding how you can then switch the vehicle into 'non-commercial' mode and go to the supermarket for example as the tacho will register the vehicles use without a card and through up an infringement. In addition, what happens when you drop inside the 3.5T... do you still use the tacho if fitted.

jwaldron said:

I was thinking of doing the same thing... my interpretation;

Any vehicle (car, van or whatever) with a GVW of 3.5T or above (this includes any trainer part load or full it might be towing at any given time) then you are subject to EU Driver laws, assuming that you conduct the journey for commercial reasons and is in full or in part conducted on the public highway.

Any vehicle that is driven where the driver must comply with the above requires a tachograph fitted.

Where I fall down is understanding how you can then switch the vehicle into 'non-commercial' mode and go to the supermarket for example as the tacho will register the vehicles use without a card and through up an infringement. In addition, what happens when you drop inside the 3.5T... do you still use the tacho if fitted.

Click to expand...

Have you read the entire thread including the linked pages? Your interpretation is a bit inaccurate, its been fought and won in court that a car is exempt, it claims an exemption which is written in black and white in the law.

paul_c said:

Have you read the entire thread including the linked pages? Your interpretation is a bit inaccurate, its been fought and won in court that a car is exempt, it claims an exemption which is written in black and white in the law.

Click to expand...

yes, I've read the thread... I've also read through the most current version

(Here).
It clearly states that

"Vehicles used for the carriage of goods by road and with a maximum permissible weight (including any trailer or semi-trailer) of over 3.5 tonnes are in scope of the EU rules. ‘Carriage by road’ is defined as any journey entirely or in part made on roads open to the public, of a vehicle, laden or unladen, used for the carriage of passengers or goods. ‘offroad’ driving is in scope where it forms part of a journey that also takes place on public roads."

It does not demonstrate an exemption for a 'Car' which a land rover is if the combined weight of vehicle and trailer is more than 3.5T.

Page 7 has a Flow chart that Clearly shows that you would be within EU law!

If you know of any case law where a 'car' towing a trailer (with a combined total weight of more than 3.5T) has been given exemption then please do go ahead and post the link.

I've gone through your posting of case law with interest although it is dated as far back as 1997, and note that the conviction was reversed based on the lack of evidence from the prosecution based on the issue of was it a goods vehicle or not.

What the guidance was back in 1997 I don't know (or should I say 1996 when the actual offence took place)... I know there has been amendments made since then to them, and in any case; you can't argue with the fact that the 2010 versions state as above "Vehicles used for the carriage of goods by road and with a maximum permissible weight (including any trailer or semi-trailer) of over 3.5 tonnes are in scope of the EU rules".

Thus. Any vehicle (car, 4x4, transit whatever) that has a combined weight of more than 3.5T (whilst transporting goods for business) requires a Tacho to be fitted to comply with EU rules.

So - just be clear. A P38 which has a permissable GVW of 2.78T towing another P38 on a 3.5T rated trailer (which would be just inside the trailers carry capacity of 2.8T) for a client from place 'A' to place 'B' would have a total permissable weight of 6.28T and thus the driver would be subject to EU law and the vehicle be fitted with a Tacho.

If the same combination was you towing your won car that you bought say at auction, then you would not. But when stopped by the old bill, YOU would have to prof that it was not business related not the other way around.

FTA Online | Tachograph compliance at fta.co.uk these chaps do all our posters at work regarding tachos, might help to contact em.