5. Vehicles

Road Tax

The taxation class of a vehicle depends on whether it carries passengers or goods, its weight, its construction and the purpose for which it is used.  Organisations operating vehicles which are larger than a car should check with the DVLA whether such vehicles should be registered and taxed as a private/light goods vehicle or as a bus.

Companies must ensure that all vehicles are correctly registered and taxed.

Tachographs

The rules around tachographs are complex and must be understood fully by all employers running vehicles.  Tachographs record information about driving time, speed and distance and they are used to ensure that drivers and employers follow the rules on drivers’ hours.

In short, you must have a tachograph fitted if the vehicle you’re driving comes under EU or AETR rules. The rules for drivers' hours and breaks for the EU driving rules and the AETR rules are in essence the same, but in some cases you will fall under one and in other cases the other, so you need to be aware of both sets of rules.

There is more detailed information about tachographs further down this page.

EU Driving Rules    

www.gov.uk/guidance/drivers-hours-passenger-vehicles/1-eu-and-aetr-rules-on-drivers-hours

The EU rules (Regulation (EC) 561/2006) apply to drivers of most passenger vehicles constructed or permanently adapted to carry more than 9 people including the driver, used for the carriage of passengers within the UK or between the UK and other EU and EEA countries and Switzerland.

AETR Rules

www.gov.uk/guidance/drivers-hours-passenger-vehicles/1-eu-and-aetr-rules-on-drivers-hours                   

The European Agreement Concerning the Work of Crews of Vehicles Engaged in International Road Transport (AETR) rules are now the same as the EU rules on drivers’ hours.

And finally you have the GB Domestic Rules - www.gov.uk/drivers-hours/gb-domestic-rules.

The GB domestic drivers’ hour’s rules apply to most passenger-carrying vehicles and goods vehicles that do not have to follow the EU rules.

For passenger-carrying vehicles, the rules that apply in relation to driver hours and breaks depend on the number of passenger seats, the country you are in, if the service is regular or non-regular and whether it is a public services vehicle or not (i.e. are the customers paying for the service?).

Below sets out the applicable rules to be followed in relation to driving hours and driver breaks:

There are some exceptions to the rules on driving hours and rest breaks for some other passenger vehicles and some non-commercial vehicles.  Operators must ensure that that are clear as to what rules that they need to follow and that the procedures in place comply fully.

Tachographs

An approved tachograph must be used to record the activity of drivers that are subject to the EU or AETR drivers’ hours rules.  Tachographs record:

• driving time
• breaks and rest periods
• other work and periods of availability
• the vehicle’s speed
• the distance the vehicle has travelled

The data is used to monitor compliance with rules and drivers’ hours.

There are three types of tachograph:

• analogue
• digital (fitted in vehicles registered from 1 May 2006)
• smart (fitted in vehicles registered from 15 June 2019)

The rules on using the tachograph are contained in Regulation (EU) 165/2014 and will depend on which of these 3 types is fitted. These rules must be observed by both drivers and operators of vehicles that fall within the scope of Regulation (EC) 561/2006 or the AETR rules.

Operators have legal responsibilities and liabilities for their own compliance with the regulations and that of the drivers under their control.

Operator Responsibilities

• To ensure that tachographs have been calibrated, inspected and recalibrated in line with the rules
• Supply sufficient quantity of type-approved charts and printer rolls to drivers
• Ensure the return of used tachograph charts from drivers.  Note that this responsibility continues after a driver has left employment until all charts are returned
• Ensure drivers are properly trained and instructed on the rules relating to drivers’ hours and the correct functioning and use of tachographs
• Properly schedule work so the rules are met
• Not to make payments to drivers related to speed of delivery, distances travelled and/or the amount of goods carried if that would encourage breaches of the rules
• Keep documents at their premises to show compliance with the requirement for drivers to return to their home or the operator’s base (EU rules only)
• Download data from the Vehicle Unit

Tachograph Calibration and Inspection

All tachographs used for recording drivers’ hours, whether analogue, digital or smart, must be properly installed, calibrated and sealed.  This task must be performed by either a vehicle manufacturer or an approved tachograph calibration centre.  An installation plaque must be fixed to or near the tachograph.  Tachograph calibration centres will issue a certificate showing details of any inspection conducted.

Analogue tachographs must be inspected every 2 years and recalibrated every 6 years.

Digital and smart tachographs must be recalibrated every 2 years, after any repair, if the vehicle registration number changes, if UTC is out by more than 20 minutes and/or after an alteration to the circumference of the tyres.

Inspection and recalibration dates are shown on the plaque and updated by calibration centres.  Operators must ensure that these tachograph requirements are complied with before a new or used vehicle goes into service.

Condition

The vehicles that you operate must be maintained in a safe and fit condition.  You should have in place a system to ensure that the vehicles are maintained effectively in line with legal requirements (MOT and Road Tax) as well as regular servicing and inspection.  An MOT inspection will only check for basic defects and does not guarantee the overall safety of a vehicle.  Regular servicing of a vehicle will ensure its safety and reliability of a vehicle and must be carried out in line with the manufacturer's guidance.

It is recommended that the responsibility for ensuring that vehicles are insured, MOT’d and taxed should be assigned to a specific person who is accountable for ensuring that these are all in place and current.  Remember, the person driving a vehicle is liable for any non-compliance.

You can record the service, insurance, road tax and MOT details on YourHS.space and set reminders to ensure that these are renewed appropriately. Click here to visit the Servicing/Testing Form.

Employers must also ensure that drivers are competent to carry out regular checks on the condition of the vehicle (daily or weekly) and to record this information on the Vehicle Inspection Form.

Frequency of inspections will depend on the vehicle and the work that it does.  For example, a standard car that is under 5 years old may need to be checked on a weekly or monthly basis; whereas an older truck, van or HGV used on a constant basis will need to be inspected on daily.  A risk assessment will help you to determine the regularity of vehicle inspections.

During these inspections, any faults found must be reported and the person completing the inspection is responsible for doing this.  Any driver taking out an unsafe or unfit vehicle onto a public highway is liable for its condition and your drivers must be made aware of this.  Any driver failing to carry out regular checks and to record vehicle inspections must be dealt with via the Company’s Disciplinary Procedure.

Employees using own vehicles – Grey Fleet

A grey fleet vehicle is one owned and driven by an employee for business purposes.  The employee is usually reimbursed on a pence per mile basis for using their private vehicle for business journeys.  Vehicles used by employees under cash allowance schemes are also considered grey fleet.  You must be satisfied that employees driving their own vehicle for work maintain them in a safe and fit condition.

Employees are legally responsible for having the correct driving licence, ensuring the ongoing roadworthiness of their vehicles, that insurance and road tax are in place but we recommend that the employer checks that this is actually the case!  There are organisations which will conduct driving licence checks for you which is useful if you operate a large fleet.

All employees are required to drive in such a way that will not endanger or inconvenience other road users and to comply with all road traffic regulations.  Employees undertaking long journeys must take adequate breaks.  A general rule of thumb is to take a 15-minute break for every 2 hours of driving.

Drivers must NOT use handheld mobile phones to make or receive calls unless the vehicle is parked safely with the engine turned off. 

Employees must never drive under the influence of alcohol and/or drugs and must avoid all alcoholic beverages if driving on Company business.  Failure to adhere to this will be dealt with under the Company’s Disciplinary Policy.

In order for employees to be authorised to drive on Company business, they should be required to declare that both they and their vehicle are suitable for the journey intended.  This will include (but is not limited to) notifying their Manager of:

• any impending driving-related prosecution or driving-related fines or convictions;
• any health issues and/or the need to take any medication that may jeopardise their fitness to drive;
• feeling that they are inexperienced or not confident to drive a particular vehicle or undertaking a particular journey.

This declaration should be repeated every 2 years.  Click here to visit the Driver Declaration.  Setting a reminder in YourHS.space will ensure that drivers are reminded to resubmit their driver’s declaration at the appropriate point.

Safety Equipment

We recommend that all company vehicles are equipped with an appropriate fire extinguisher, a safety triangle, a first aid kit and an escape tool (a seatbelt cutter at one end and a hammer at the other - can be used if a driver is trapped in a car).  

For some vehicles, there are specific legal requirements.  For example, all minibuses must carry a fire extinguisher of water or foam with a minimum test rating of 8A or 21B.  If passengers in wheelchairs are being carried, the minibus should carry two fire extinguishers, one of which is kept in the passenger compartment.  Drivers and passenger assistants should be shown how to use a fire extinguisher.

There is also a legal requirement for minibuses to be equipped with a first aid kit.  The driver and passenger assistant(s) must know where the emergency equipment is kept in the vehicle and how to use it. The driver should check all the items are present before each trip.

All minibus passengers must by law wear a seat belt whilst travelling, where seatbelts are fitted – this must be brought to the notice of passenger, either verbally or by means of a notice within the vehicle.

Checking that the safety equipment is in place and in a suitable condition (including checking any expiry dates) should be part of the regular vehicles checks that are undertaken on a daily basis

Ergonomic Considerations

The drivers’ health, safety and/or well-being must not be put at risk from inappropriate seating position or driving posture.  Drivers should be provided with guidance on the correct posture to adopt when driving, including how to adjust the seat correctly.  Just as DSE users are required to assess their position, it is recommended that drivers do the same on an annual basis.

Drivers can find further guidance and assess their posture when driving using the Guidance - Correct Driving PostionDriving Posture Poster[/template].