Quote:

Hampshire police said the fully-loaded transporter was being towed by a heavy recovery vehicle when it broke free and hit the barrier, crossing on to the opposite carriageway.

Glynparry25 wrote:

Sounds like someone was sleeping on the job!! Tacho time I would say.

No question about it, the transport firm is responsible for the load- always is, therefore LR will claim from them and they claim through the recovery insurance........ the bun fight then comes with whether the driver was within the law etc and then pay out or not.

Whatever happens I wouldn't like to be in that driver's boots right now!

Glyn

ken wrote:

Pom automotive logistics are different I know this as I worked in previous roles for carriers and I now also make claims for damage against the carrier directly in my current role.

Glyn it was a wagon and drag system their arnt to many artic units used by the main carriers also no tach hours apply if operating around the operators base (100 clicks)

Just for clarity, the transporter would come under tacho regs, the recovery vehicle would not.

22900013A wrote:

Just for clarity, the transporter would come under tacho regs, the recovery vehicle would not.

Quote:

Recovery Vehicles, Tachograph and Driving Hours


Changes in the law require that in some circumstances recovery vehicles will have to use Tachograph when operating outside 100 km radius (as the crow flies)of the Company base

Tachograph

All recovery vehicles registered after 1st May 2006 will require digital Tachograph. Any vehicles registered before then can be fitted with either an analogue or a digital Tachograph.

3.5tonnes + vehicles previously exempt from the use of Tachograph will be required to be fitted with Tachograph either analogue or digital and activated if the vehicle is travelling beyond a 100km radius of base (as the crow flies). There will be a period of grace for fitting of Tachograph which will apply up until 31 December 2007. During this period manual records of journeys effected by the new rules should be recorded and kept on file

Base

This is where the recovery vehicle is normally positioned. If an operative takes the vehicle home, the base will still be regarded as the garage/depot not the home address. If an operator has multiple depots the vehicle could have a base at more than one depot as long as the vehicle is not changing base daily to manipulate the ruling.

Operating within 100 kilometres

Recovery vehicles operating within 100 kilometres radius of their base (as the crow flies) are exempt from using a Tachograph to record Hours of driving, other work and rest periods. but must still comply with domestic driving hours rules

Operating outside 100 kilometres

Occasional travel outside 100km radius of their base(as the crow flies). The technician / vehicle should use a Tachograph from the first movement of travel to this destination and remain on Tachograph for the rest of the day having returned inside the 100km radius and returned to base or accepted another job inside the radius. Work either side of the Tachograph requirement should be manually recorded as ‘other work.

After operating outside 100 kilometers

Because the operative has travelled outside the 100km, they have now come under the requirements of the EU Regs No 561/2006, EC Drivers Hours and Working Time Directive so to be absolutely safe, as it stands at the moment, the operative should record and abide by the required rest breaks for the next three weeks.

Emergency recovery/removal

The requirement for the Company to attend an emergency overrides all drivers hours requirements. The use of the description ‘emergency’ will need to be observed carefully. It will generally be regarded as the scene of an accident or a police/HA callout for a vehicle that poses a potential danger. Make sure it is recorded as such,

leeds wrote:

So it will be up to the Police/CPS etc to look at the whole situation to decide if tacho regs should apply or not.

Since the Police/CPS has decided that charges of dangerous driving/insecure load etc be brought against the driver of the recovery truck then one can assume that there are grounds for a case to be brought to court.

Domestic tacho regs are not he same as the EC ones. Its been too long since I did my CPC to remember what exactly is different I just remember that they are

Most of the drivers hours regs were introduced to make competition fair rather than to be of a safety consideration. Its to stop hauliers trying to do more with less and a way of making sure a lorry does roughly x amount of work per day.

22900013A wrote:

You can follow tacho regs to the letter and still be very tired, they are to do with competition in the haulage industry, not really safety, thats certainly my view having worked under the regs...

Read this after writing my post. Great minds see