|
Preserved Buses may be used without tachographs in restricted circumstances, as follows:
| Vehicles built before 1st January 1947 | Vehicles built during or after 1947 but built over 25 years ago, that are preserved for their historic interest | Vehicles built less than 25 years ago | |
|---|---|---|---|
| Limited loads | No driving hours rules or requirement for tachograph,
if: not used for hire or reward |
No driving hours rules or requirement for tachograph, if: carrying less than 9 passengers including driver, not used for hire or reward, and travelling to or from museums, rallies or other places where the vehicle is to be displayed, or travelling to or from the vehicle's place of maintenance or repair. |
No driving hours rules or requirement for tachograph, if: Less than 18 seats (including driver) and not used for hire or reward EC rules, including use of tachograph, apply if: 18 or more seats (including driver) and not used for hire or reward. |
| Unlimited loads | No driving hours rules or requirement for tachograph,
if: not used for hire or reward |
No driving hours rules or requirement for tachograph, if: Less than 18 seats (including driver) and not used for hire or reward EC rules including use of tachograph, apply if: 18 or more seats (including driver) and not used for hire or reward. |
No driving hours rules or requirement for tachograph, if: Less than 18 seats (including driver) and not used for hire or reward EC rules, including use of tachograph, apply if: 18 or more seats (including driver) and not used for hire or reward. |
It will be seen from the above chart that the use of vehicles without tachographs is very limited - a typical preserved bus cannot, for instance, be legally taken (without a tachograph) to a MOT testing station or a filling station unless the other end of the journey meets one of the few examples listed. Preserved buses less than 25 years old are even more hampered, unless they are minibuses they are required to install a tachograph which they will be able to legally remove when the bus reaches the age of 25.
Owners of preserved vehicles are generally particularly sensitive about being forced to modify a vehicle away from its original condition, and legislation usually reflects this with exemptions where appropriate. A number of organisational bodies have existed over recent years to monitor changes in legislation to ensure that bona-fide activities of historic vehicles are not hampered. The above information suggests that on the subject of tachographs they failed abysmally.
In 2002, the IHVO (International Historic Vehicle Organisation) appears to have recognised the problem, and published the following:
"There exists a European Union regulation covering the hours that drivers of commercial and public transport vehicles are allowed to drive. This is supported by another regulation requiring recording equipment (tachographs) to be fitted to the vehicle. The impact upon historic commercial enthusiasts and their vehicles is confused, with all but one of the Member States accepting that historic commercial vehicles are outside the scope of the regulation. The exception, the United Kingdom, considered that passenger carrying commercial vehicles were not exempt and used an apparently inappropriate article to exclude them, albeit with some strict conditions as to their use. This exemption was subsequently endorsed by the European Commission.
"The European Commission have now proposed a new regulation and because of their endorsement of the United Kingdom's position which de facto included historic commercial vehicles, sought to exclude them in the new proposal with an over 7.5 ton weight criteria. Through a series of meetings with the official responsible in the European Commission and the Rapporteur and supportive Members of the European Parliament, I have secured amendments to the Commission's proposal that excludes historic commercial vehicles without any weight qualification. It does require, however, that they will not be used for the commercial carriage of persons or goods. These amendments were endorsed by the European Parliament's Transport and Tourism Committee and will now be considered at a First Reading of the proposal by the European Parliament in plenary session".
Unfortunately, nothing more was heard of this at all, and it subsequently transpired that the IHVO had been absorbed into FIVA (Fédération Internationale des Véhicule Anciens). Correspondence with the FBHVC (Federation of British Historic Vehicle Clubs) indicates that they consider the situation satisfactory and do not feel the issue requires pursuing. Curious, huh?
One particular area where the legislation is unclear for preserved buses is the increasingly popular "free bus service" or "running day" where days of old are re-enacted with scheduled services conveying members of the public. Scheduled PSV services do not require tachographs to be used (but a timetable or timecard must be carried, and records kept) but there is no reference whatsoever to scheduled non-PSV services. It isn't a case of whether preserved vehicles do/do not require a tachograph - the type of operation simply isn't catered for. The majority of preservationists feel that compliance with the requirements for PSV vehicles on such activities is adequate, and this has been endorsed (not in writing, of course) by more than one Department of Transport official.
This subject was also taken up with the FBHVC, and they replied to the effect that the Department of Transport's booklet is actually incorrect in defining the requirements for PSV scheduled services. It is their opinion that the same legislation applies to scheduled services whether worked by PSVs or non-PSVs. If this is the case, then we need not worry about the "free bus services" further. However, my requests to the FBHVC to see, for peace of mind, a copy of the piece of legislation they were referring to have not brought a result.
Some confusion has arisen with regard to the distance limit of scheduled PSV services for exemption from tachograph use. Whilst different rules apply regarding driving hours according to whether the route is over or under 50 km in length, the DVLA have confirmed that this makes no difference to the need to use a tachograph.
This page does not attempt to involve itself with the complex subject of Driving Hours, nor the need for tachographs on international journeys. Readers are recommended to refer to the Department of Transport's booklet on the subject PSV 375 (see below)for more details on these subjects.
***UPDATE***
Some minor changes have been made in early 2007, but I cannot update this page
accurately until booklet PSV375 is republished. It would appear that the grey
area of Free Bus Services has been resolved, henceforth the same rules will
apply to all "scheduled services". However, at the same time, the
maximum length of scheduled service that may be operated without a tachograph
has been reduced to 50km.
I hate disclaimers, but it has to be said:
These notes were originally compiled in February 2006 and are believed to be
both accurate and current, but should not be construed as legal advice. The
interpretation of the law is a matter for the courts and is open to any individual
to take legal advice on their behalf.
This page was last updated on Saturday, 24-May-2008 14:07:05 UTC