THE TRANSPORT WORKERS UNION. Unite Professional Drivers Handbook.

Transcription

1 THE TRANSPORT WORKERS UNION Unite Professional Drivers Handbook

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3 Road Transport - Commercial Contents An introduction by Len McCluskey, General Secretary Unite Campaigns page 5 Section A page 9 1. Introduction to Unite the union 1.1 Professional Driving 1.2 Driving Licence 1.3 Driving Offences 1.4 Speed Limits 1.5 Highway Code Section B page Drivers Hours 2.2 Working Time Directive 2.3 Analogue Tachograph 2.4 Digital Tachograph Section C page Security 3.2 Stopping, Parking, Loading and Unloading 3.3 O Licence 3.4 Insurance 3.5 Vehicle Checks 3.6 Vehicle Testing 3.7 Vehicle Loading 3.8 Weights 3.9 European Driving Section D page Dangerous Goods Section E page Driver CPC Section F page Health and Safety Requirements Agency Workers page 124 Unite s DriverCare Scheme page 125 Unite Regions page 129 PAGE 1

4 Unite Professional DRIVERS handbook Abbreviations ADR (English Version) European Agreement Concerning the Carriage of Dangerous Goods by Road AETR The European Agreement Concerning the Work of Crews of Vehicles Engaged in International Road Transport BST British Summer Time CDG Carriage of Dangerous Goods CPC Certificate of Professional Competence CUR Construction and Use Regulations DQC Driver Qualification Card HGV Heavy Goods Vehicle HOV High Occupancy Vehicle HSE Health and Safety Executive IMDG International Maritime Dangerous Goods LGV Large Goods Vehicle MAM Maximum Authorised Mass MOT Ministry of Transport test MT(E&W)R Motorways Traffic (England and Wales) Regulations NRSWA New Roads and Street Works Act POA Period of Availability PPE Personal Protective Equipment PRA Police Reform Act PSV Passenger Service Vehicle RTA Road Traffic Act RTRA Road Traffic Regulation Act RVLR Road Vehicles Lighting Regulations TMA Traffic Management Act TPSCP(S) The Prohibition of Smoking in Certain Premises (Scotland) TSf(EV) The Smoke-free (Exemptions and Vehicles) TSfP(W) The Smoke-free Premises (Wales) TSRGD Traffic Signs Regulations and General Directions UTC Universal Time Coordinated VOSA Vehicle and Operator Services Agency VSC Virtual Sound Card PAGE 2 MT(S)R Motorways Traffic (Scotland) Regulations ZPPPCRGD Zebra Pelican and Puffin Pedestrian Crossings Regulations and General Directions

5 Road Transport - Commercial Foreword from the General Secretary Dear Colleague, Welcome to the Unite Drivers handbook. Your handbook contains some vital and useful information; its aim is to provide instant support whenever it is needed, most likely when you are out on the road. As ever further support can be found through your local office. As a professional driver you are vital to our economy operating in one of the most regulated industries, therefore it is imperative that you have relevant facts to hand and also where to go and what to do when you are encountering problems at work. This handbook supports and supplements the work Unite is doing to continually maintain and improve the terms and conditions and facilities for drivers throughout the UK and Ireland. Len McCluskey PAGE 3

6 Unite Professional DRIVERS handbook Road Transport - Commercial ADR Dangerous Goods Vocational Training Unite the union believe that essential vocational training for drivers such as the Driver CPC should be provided by the employers and that this training should take place during the employers time i.e. the driver receives the training and is paid to attend the training. This does not cover all of our members, for example: Self employed. Unemployed. Agency. Those currently not employed as professional drivers. In order to aid these members Unite the union has appointed Altrain ADR as our sole provider of Driver CPC and ADR Dangerous Goods Training. Courses will be held at Unite the Union premises nationwide. Member Discount Price Driver CPC Courses 245 per week course (full qualification) 55 per 7 hour individual course ADR Dangerous Goods 399 Core, Packs, Tanks + 7 Classes 35 hours of Driver CPC 100 (21 on the ADR course and 14 on a Driver CPC course) DGSA Training Course 400 PAGE 4 Contact Altrain ADR on: Telephone: unitetheunion@altrainadr.co.uk Web site: altrainadr.co.uk

7 Road Transport - Commercial UNITE CAMPAIGNS Truck Stop Campaign It s not much to ask after a long day s work in an industry that s worth millions every year to Britain: A clean bed. A hot meal. And a secure night s sleep. But for far too many British professional lorry drivers the end of the driving day marks the beginning of a tense and sleepless night as they struggle to: Find a safe place to park. A decent meal they can afford. Protect their cargo from motorway pirates. Official figures obtained by Unite the union under the Freedom of Information Act show that there were nearly 400 thefts from lorries in Leicestershire alone last year. That s a big cost to the haulage industry, and a significant expense to the taxpayer in police investigation time. It is also a major headache for professional truck drivers who have to cope with the consequences. Sometimes that involves facing or suffering violence at the hands of lorry raiders. PAGE 5

8 Unite Professional DRIVERS handbook Secure and affordable truck stops are vital for our haulage industry. They re essential in the campaign to make our roads safer for professional drivers and everyone else. Unite s truckstop campaign aims to ensure that every professional driver has: A safe place to park. A safe and clean bed. A good meal they can afford. A driver who s had a good rest is a safer driver. Safer for everyone. Professional drivers can help boost Unite s Truck Stop Campaign by calling the Truck Stop Hotline to tell your experiences of conditions on the road and when you park up. Perhaps you ve got pictures to back up your complaint. Unite knows that truck driving is one of the toughest jobs there is. Bad working conditions make it worse. Help Unite win a better deal on the road for drivers. Together we re making things better at work. PAGE 6

9 Road Transport - Commercial THE DRIVERS CHARTER. UNITE S DEMANDS FOR ALL PROFESSIONAL DRIVERS! A 48 HOUR WEEK (on average) WITH NO LOSS OF EARNINGS! In 2005 the law was to promise protection with the introduction of the Working Time Directive, we were let down, drivers are working as many hours now as they where before 2005 it s not fair and it s not safe! Long hours on the road are dangerous for all road users, professional drivers serving all sections of the economy deserve safe and proper working time! MINIMUM SALARY 26, for ALL PROFESSIONAL DRIVERS, per HOUR! Minimum demand set by our membership. Low pay rates only serves to demand drivers take chances and are then obliged to long hours of work. A fair rate of pay is a right for all professionals including LDV drivers! FINAL SALARY PENSION SCHEME FOR ALL! Drivers across the whole of the industry have never enjoyed any proper pension provision (deferred pay). There no reason why that should be the case, some of the largest companies in the world operate in logistics and road transport, and then rely on the smaller operators alongside them, Why then cant there be an industry provision with all making a contribution for all professional drivers? DECENT/AFFORDABLE ON THE ROAD REST FACILITIES FOR ALL DRIVERS! Long hours and low pay and at the end of any working day no option for a majority of professional drivers other that to sleep in the cab and park were its not safe, either for themselves or their cargo. No worker deserves to be treated like we are. Europe has far better standards available on the road for professional drivers, why not here! PAGE 7

10 Unite Professional DRIVERS handbook GOOD HEATH AND SAFETY STANDARDS Unite involves itself with the HSE and the regulatory authorities in demanding proper safeguards for all professional drivers and all those involved in the transport/logistics industry, your union working for you! DECENT PROFESSIONAL VOCATIONAL TRAINING FOR PROFFESIONAL DRIVERS CPC/ARD! Amongst the most regulated groups of workers in any industry, that s why Unite welcomes and demands proper vocational training in what is expected of a professional industry, and it s paid for by employers, enforcement agencies and government, not by the professionals working in the industry. FULL AND PROPER ENFORCEMENT OF ALL ROAD REGULATIONS! Unite agrees and insists on the fullest enforcement of all those regulations applying to all users of the road. Being the most regulated group of workers in any industry its right that those regulations apply, making our roads safe for us all to work and use. PAGE 8

11 Section A Road Transport - Commercial 1. INTRODUCTION TO UNITE THE UNION Unite is Britain's biggest union with 1.5 million members in every type of workplace. We are the largest union by far in the transport industry with over 250,000 members employed as drivers, warehouse workers, bus drivers and airport workers Unite is the union for the twenty first century. Unite was formed by a merger between two of Britain s leading unions, the Transport and General Workers Union and Amicus. Unite is not only the biggest union in transport but has the largest number of Professional Drivers in membership than any other union. It was created to meet the great challenges facing working people in the twenty first century and is a democratic and campaigning union which fights back for employees in the workplace, is taking trade unionism out to the millions of unorganised workers, is a union that stands up for equality for all and advances its members interests politically. Unite s Road Transport Commercial Grocery Logistics Sector specialises in professional truck drivers with 80,000 members. Unite is also active on a global scale, building ever stronger links with trade unions around the world to confront the challenges of the globalised economy. Unite plays a leading role in the European Transport Federation and the International Transport Federation. PAGE 9

12 Unite Professional DRIVERS handbook Section A 1.1 PROFESSIONAL DRIVING Drivers of goods vehicles must comply with more regulations than other professions. The phrase If you have it, a lorry brought it is apt and correct. The general drivers strike in 1979 proved the power of drivers, when they are organised together in a trade union which brought the country gradually to a halt. Today, drivers have to compete with mounting regulations, unreasonable deadlines and, often, companies who have underquoted for work and can only make a profit by forcing drivers to work to the maximum permitted limits; or, occasionally for non union drivers, in excess of these limits. It is difficult to maintain an accurate and up to date understanding of the many regulations that govern the transport of goods by road. Generally it is drivers who are employed by larger companies, with Unite the union Recognition Agreements, who are the most conversant with the changing regulations. As driving for a living is a very solitary profession and many drivers are left to assume what the regulations are and inevitably, form their own, often mistaken, interpretation of how to comply. The introduction of the Driver Certificate of Professional Competence Regulations (CPC) should, at least, give drivers an up to date understanding of the regulations. Unfortunately the Driver CPC has been received by many drivers as simply a stealth tax. In union companies we insist that the employer pays for the Driver s CPC but for many non unionised workers their employer forces the driver to pay for the training. This is a continuing cost to simply remain in the job that they have been doing for many years. However, all professional drivers of vehicles over 7.5 tonnes must have completed their CPC training by 9 September 2014, so drivers must not delay. To find out more about how to access CPC training please visit the RTC Sector web pages of the Unite website. PAGE 10 Ideally, of course, the introduction of a Certificate of Professional Competence should recognise the professional excellence achieved by so many professional drivers who cover millions of miles every year without incident or accident whilst working to impossible deadlines, on over congested roads with ever changing regulations.

13 Section A Road Transport - Commercial Unite recognises the commitment that professional drivers have to their profession and we are committed to achieving the working conditions that professional drivers deserve. We are also committed to achieving the wages, sick pay, pension, holidays and working conditions that professional drivers deserve. 1.2 DRIVING LICENCE Possibly the drivers most important document is their driving licence. There have been several changes to the driving licence since 1991.The Driver and Vehicle Licensing Agency (DVLA) no longer issue paper driving licences. The European Union has a directive requiring all member states to issue driving licences in a card format containing the licence holder's photo and signature. When you change your licence you will be sent a card format licence. Currently there is no deadline to swap from the older to the newer type, however the Driver Qualification Card (DQC) required for the Driver CPC (see section E) cannot be issued unless the driver has the newer card format licence. You can change to the card format online: applya/dg _066954SW You must tell the (DVLA) immediately of any changes to your name, address or both. You can update your driving licence online or send it to DVLA for amendment. A new licence will be issued free of charge unless your photograph is due for renewal. You can renew your photo at any time. However, if your photo is due to expire very soon, it will need to be renewed before the date of expiry. The expiry date of your photo is shown in section 4b on the front of your driving licence. In most circumstances, you will need to renew the photo on your driving licence before it expires, as the photo is only valid for ten years. Non LGV Goods Vehicles There are special licensing arrangements allowing drivers to drive larger vehicles without having to hold a Large Goods Vehicle (LGV) driving licence entitlement. When driving larger vehicles, the maximum PAGE 11

14 Unite Professional DRIVERS handbook Section A authorised mass (total weight of the vehicle plus the maximum load it can carry) determines the driving licence entitlement needed. If the vehicle has a maximum authorised mass, which exceeds 3.5 tonnes, but not 7.5 tonnes then a category C1 licence is needed. If the maximum authorised mass exceeds 7.5 tonnes then a category C licence is needed. PAGE 12 Holders of a full category B (car) driving licence may drive any of the large vehicles listed below: Goods vehicle propelled by steam e.g. large vehicles with coal or wood burning engines. Road construction vehicles used or kept on the road solely for the conveyance of built-in road construction machinery (with/without articles or materials used for the purpose of that machinery). Engineering plant vehicles (designed/constructed for the purpose of engineering operations). Works trucks (primarily designed for use in private premises or in the immediate vicinity e.g. dumper trucks/forklift trucks). Industrial tractors (tractors used mainly for haulage work off the public road. The vehicle must not have an unladen weight exceeding 7,370kgs and have a design speed not exceeding 20mph). Agricultural motor vehicles which are not agricultural or forestry tractors (primarily used off the public road eg crop sprayer/combine harvester). Digging machines (vehicles which are limited to travel on public roads only for the purpose of proceeding to/from sites used for trench digging or any kind of excavating or shovelling work eg vehicles with digging buckets/shovels). Goods vehicle which is not used on public roads or, if it is so used during any calendar week: i. is used only in passing from land in the occupation of a person keeping the vehicle to other land in the occupation of that person ii. is not used on public roads for distances exceeding an aggregate of 9.7 kilometres in that calendar week.

15 Section A Road Transport - Commercial Goods vehicle, other than an agricultural motor vehicle, which is used only for purposes relating to agriculture, horticulture or forestry: i. is used on roads only in passing between different areas of land occupied by the same person ii. in passing between any two such areas does not travel a distance exceeding 1.5 kilometres on roads. Goods vehicles used for no purpose other than the haulage of lifeboats and the conveyance of the necessary gear of the lifeboats which are being hauled. Goods vehicles manufactured before 1 January 1960, used unladen and not drawing a laden trailer. Articulated goods vehicles not exceeding 3.05 tonnes unladen weight. Goods vehicle in the service of a visiting force or headquarters as defined in the Visiting Forces and International Headquarters (application of law) Order 1965 (a). Goods vehicle driven by a constable for the purpose of removing or avoiding obstruction to other road users or other members of the public, for the purpose of protecting life or property (including the vehicle and its load) or for other similar purposes. Goods vehicle fitted with apparatus designed for raising a disabled vehicle partly from the ground and for drawing a disabled vehicle when so raised (whether by partial superimposition or otherwise) being a vehicle which: i. is used solely for dealing with disabled vehicles ii. is not used for the conveyance of any goods or load other than a disabled vehicle when so raised and water, fuel, accumulators and articles required for the operation of, or in connection with, such apparatus or otherwise for dealing with disabled vehicles iii. has an unladen weight not exceeding 3.05 tonnes. Mobile project vehicles having a maximum authorised mass exceeding 3.5 tonnes and constructed/adapted to carry not more than eight persons in addition to the driver and carries principally goods or burden consisting of: i. play/educational equipment and articles required in connection with the use of such equipment. PAGE 13

16 Unite Professional DRIVERS handbook Section A ii. articles required for the purposes of display or of an exhibition, and the primary purpose of which is used as a recreational, educational or instructional facility when stationary. Drivers must be aged 21 to drive a mobile project vehicle and have held a category B licence for at least two years. A mobile project vehicle may only be driven on behalf of a non-commercial body. However, drivers who passed their car test before 1 January 1997 are not subject to these conditions. Mobile cranes Category B licence holders were able to drive mobile cranes up until 31 December From 1 January 1999 a category C1 driving licence is required to drive a mobile crane weighing between 3.5 and 7.5 tonnes and category C if over 7.5 tonnes. LGV Licence Old Group A A A A Description Motor car and light goods vehicle with up to 9 seats up to 3,500 kg MAXIMUM AUTHORISED MASS (MAM) Goods vehicle with MAM between 3,500 and 7,500 kg Goods vehicle with MAM between 3,500 and 7,500 kg and pulling a trailer, as long as the total weight of both vehicles is not more than 8,250 kg Passenger carrying vehicle with between 9 and 17 seats (driving not for hire or reward) Category Since 1997 B C1 C1E (with restriction code 79 or 101) D1 (with restriction code 79 or 101) A Vehicles in Groups B, C, E, F, K, L, N below. See below PAGE 14 B As group A, but restricted to automatic vehicles only Above categories with restruction code 78

17 Section A Road Transport - Commercial C D E Any motor tricycle (other than an invalid carriage) weighing not more than 410 kg unladen (500 kg laden) Any motor bicycle or scooter (with or without sidecar) Moped with an engine size of up to 50 cc and a maximum speed of up to 50 km/h B1 (excluding invalid carriages and quadricycles) A1 and A (depending upon size of bike) p F Agricultural tractor mounted on wheels F G Road roller G H Track laying vehicle steered by its tracks H J K L Invalid carriage Mowing machine or vehicle controlled by a pedestrian. Electrically propelled vehicle (other than an invalid carriage) B1 (limited to invalid carriages K L M Trolley vehicle M N Vehicle exempted from duty under Section 7(1) of the Vehicles (Excise) Act 1971 that is exempted from vehicle excise duty because it travels not more than 6 miles per week on roads and then only in passing between pieces of land in its owner s possession N PAGE 15

18 Unite Professional DRIVERS handbook Section A GOODS AND PASSENGER VEHICLES HGV 1 HGV 2 or 3 HGV 2 or 3 PSV 1 or 2 PSV 1 or 2 PSV 3 PSV 4 HGV 1 to 3A Vehicle over 3,500 kg, with a trailer over 750 kg Vehicle over 3,500 kg, with a trailer up to 750 kg Vehicle over 3,500 kg, with trailer over 750 kg, limited to draw-bar trailer only Bus with more than eight passenger seats, with a trailer up to 750 kg Bus with more than eight passenger seats, with a trailer up to 750 kg Bus with more than eight passenger seats but not more than 5.5 metres long As group HGV 1, 2 or 3 but limited to automatic vehicles only As group PSV 1, 2, 3 or 4 but limited to automatic vehicles only C CE (with restriction code 79 or 102 CE (with restriction DE D D (with restriction code 105 or 79) C or CE with restriction code 78 D or DE with restriction code 78 PAGE 16

19 Section A Road Transport - Commercial 1.3 DRIVING OFFENCES If you are convicted of a motoring offence, the courts can fine you and endorse your driving licence with penalty points. Endorsements must stay on your driving licence for four or eleven years depending on the offence. Each endorsement has a unique offence code and is allocated penalty points on a scale from one to eleven, depending on the severity of the offence. The endorsement (and penalty points) is updated on your driver record and written on your paper driving licence or the counterpart document of your photocard driving licence. An endorsement must stay on your driving licence for the following periods of time: Eleven years from date of conviction If the offence is: Drinking or drugs and driving shown on the licence as DR10, DR20, DR30 and DR80. Causing death by careless driving while under the influence of drink or drugs shown on the licence as CD40, CD50 and CD60. Causing death by careless driving, then failing to provide a specimen for analysis shown on the licence as CD70 Example: Date of conviction is 3 December 2002 the endorsement must stay on the licence until 3 December Four years from the date of conviction If the offence is for: Reckless/dangerous driving shown on the licence as DD40, DD60 and DD80. Offences resulting in disqualification. Disqualified from holding a full driving licence until a driving test has been passed. Example: Date of conviction is 28 May 2004 the endorsement must stay on the licence until 28 May PAGE 17

20 Unite Professional DRIVERS handbook Section A Four years from the date of offence In all other cases. Example: Date of offence 10 June 2005 the endorsement must stay on the licence until 10 June If you build up 12 or more penalty points within a period of three years, you ll be liable to be disqualified under the 'totting-up' system. This is shown on your licence as TT99. Your driving licence is automatically revoked (withdrawn) if you build up six or more penalty points within two years of passing your first driving test. If you have been in a road traffic incident with enough evidence to prosecute you, the police may offer you an opportunity to attend a course. The National Driver Offender Retraining Scheme has courses designed to improve your driving behaviour. Endorsement Codes Code Accident offences Must stay on your driving licence for four years. AC10 - Failing to stop after an accident. AC20 - Failing to give particulars or to report an accident within 24 hours. AC30 - Undefined accident offence. Disqualified driver Must stay on driving licence for four years. BA10 - Driving while disqualified by order of Court BA30 - Attempting to drive while disqualified by order of Court. PAGE 18 Careless driving Must stay on driving licence for four years. CD10 - Driving without due care and attention. CD20 - Driving without reasonable consideration for other road users.

21 Section A Road Transport - Commercial CD30 - Driving without due care and attention/reasonable consideration. CD40 - Causing death through careless driving when unfit through drink. CD50 - Causing death by careless driving when unfit through drugs. CD60 - Causing death by careless driving when alcohol level above limit. CD70 - Causing death by careless driving then failing to supply a specimen. CD80 - Causing death by careless, or inconsiderate, driving. CD90 - Causing death by driving: unlicensed, disqualified or uninsured drivers. Construction and use offences CU10 - Using a vehicle with defective brakes. CU20 - Using a vehicle with defective parts or accessories. CU30 - Using a vehicle with defective tyres. CU40 - Using a vehicle with defective steering. CU50 - Causing or likely to cause danger by reason of load or passengers. CU60 - Undefined failure to comply with Construction and Use Regulations. CU80 - Using a mobile phone while driving a motor vehicle. Code - Reckless dangerous driving Must stay on driving licence for four years. DD10 - Driving in a dangerous manner. DD20 Driving at a dangerous speed. DD30 - Reckless driving or dangerous driving. DD40 - Driving in a dangerous manner at a dangerous speed or recklessly. DD50 - Causing death by dangerous driving. PAGE 19

22 Unite Professional DRIVERS handbook Section A DD60 - Manslaughter or culpable homicide while driving a vehicle. DD70 - Causing death by reckless driving. DD80 - Causing death by dangerous driving. DD90 - Furious driving. Drink or drugs Must stay on driving licence for eleven years. DR10 - Driving or attempting to drive with alcohol concentration above limit DR20 - Driving or attempting to drive when unfit through drink or drugs. DR30 - Driving or attempting to drive then refusing to provide a specimen. DR40 - In charge of a vehicle with alcohol concentration above limit. DR50 - In charge of a vehicle while unfit through drink or drugs. DR60 - Failure to provide a specimen other than driving/ attempting to drive. DR70 - Failing to provide specimen for breath test. DR80 - Driving or attempting to drive when unfit through drugs. DR90 - In charge of a vehicle when unfit through drugs. Insurance offences Must stay on driving licence for four years. Using a vehicle uninsured against third party risks. PAGE 20 Licence offences LC10 - Driving without a licence LC20 - Driving otherwise than in accordance with a licence LC30 - Driving after making a false declaration about fitness (Licence App).

23 Section A Road Transport - Commercial LC40 - Driving a vehicle having failed to notify a disability. LC50 - Driving after a licence has been revoked or refused on medical ground. Miscellaneous offences Must stay on driving licence for four years. MS10 - Leaving a vehicle in a dangerous position. MS20 - Unlawful pillion riding. MS30 - Play street offence. MS40 - Driving with uncorrected defective eyesight or refusing eyesight test. MS50 - Motor racing on the highway. MS60 - Offences not covered by other codes. MS70 - Driving with uncorrected defective eyesight. MS80 - Refusing to submit to an eyesight test. MS90 - Failing to give information as to identity of driver etc. Motorway offences MW10 -Contravention of Special Roads Regulations (excluding speed limits). **99 - Non endorsable offence for which you can be disqualified (Criminal). Pedestrian crossings Must stay on driving licence for four years PC10 - Undefined contravention of Pedestrian crossing Regulations. PC20 - Contravention of Pedestrian crossing Regulations with moving vehicle. PC30 - Contravention of Pedestrian crossing Regulations Stationary vehicle. PL10 - Driving without 'L' Plates. PAGE 21

24 Unite Professional DRIVERS handbook Section A PL20 - Not accompanied by a qualified person. PL30 - Carrying a person not qualified. PL40 - Drawing an unauthorised trailer. PL50 - Undefined failure to comply with the conditions a Provisional Licence. SC19 - Section 19 (Transport Act 1981) Disqualification. SC35 - Section 35 (Transport Act 1981) Disqualification. Speed lmits SP10 - Exceeding goods vehicle speed limit. SP20 - Exceeding speed limit for type of vehicle. SP30 - Exceeding statutory speed limit on a public road. SP40 - Exceeding passenger vehicle speed limit. SP50 - Exceeding speed limit on a motorway. SP60 - Undefined speed limit offence. TS10 - Failing to comply with traffic light signals. TS20 - Failing to comply with double white lines. TS30 - Failing to comply with a 'Stop' sign. TS40 - Failing to comply with directions of a constable or traffic warden. TS50 - Failing to comply with a traffic sign (excluding the above signs). TS60 - Failing to comply with a school crossing patrol sign. TS70 - Undefined failure to comply with a traffic direction or sign. PAGE 22

25 Section A Road Transport - Commercial Theft or unauthorised Taking TT99 - Disqualification due to 12 or more penalty points. UT10 - Taking and driving away a vehicle without consent or attempt threat. UT20 - Stealing or attempting to steal a vehicle. UT30 - Going equipped for stealing or taking a motor vehicle. UT40 - Taking or attempting to take a vehicle without consent. UT50 - Aggravated taking of a vehicle. Special Code XX99 - Disqualified under 'totting-up' procedure. Penalties Offence Imprisonment Fine Disqualify Penalty Points * Causing death by dangerous driving 14 Years Unlimited Obligatory 2 Years minimum 3-11 (If exceptional not disqualified) * Dangerous Driving 2 Years Unlimited Obligatory 3-11 (If exceptional not disqualified) * Causing death by dangerous driving under the influence of drugs or drink 14 Years Unlimited Obligatory 2 Years minimum 3-11 (If exceptional not disqualified) * If a person is disqualified for any of the above the court must order an extended re-test to be taken. Carless or inconsiderate driving - 5,000 Discretionary 3-9 PAGE 23

26 Unite Professional DRIVERS handbook Section A Offence Imprisonment Fine Disqualify Penalty Points Driving while unfit through drink or drugs or with excess alcohol; or failing to provide a specimen for analysis 6 Months 5,000 Discretionary 3-11 (If exceptional not disqualified) Failing to stop after an accident or failing to report an accident 6 Months 5,000 Discretionary 5-10 Driving when disqualified. Driving after refusal or revocation of licence on medical grounds 6 Months. 12 Months in Scotland 5,000 Discretionary 3-6 5,000 Discretionary 6-8 Driving without insurance - 5,000 Discretionary 6-8 Using a vehicle in a dangerous condition - LGV or PCV = 5,000 Other 2,500 Obligatory if the offence is committed within 3 years of a previous conviction of the same offence. Other wise 6 months discretionary. PAGE 24

27 Section A Road Transport - Commercial Offence Imprisonment Fine Disqualify Penalty Points Failure to have proper control of vehicle or full view of the road and traffic ahead or using a hand-held mobile while driving - Goods vehicle or PCV 2,500. (Other vehicles Discretionary 3 Driving otherwise than in accordance with a licence - 1,000 Discretionary 3-6 Speeding - 1,000 ( 2,500 for motorway offences) Discretionary 3-6 or 3 fixed penalty Traffic Light offences - 1,000 Discretionary 3 No MOT certificate - 1, Seat Belt Offence Failing to identify driver of a vehicle ,000 Discretionary 6 PAGE 25

28 Unite Professional DRIVERS handbook 1.4 SPEED LIMITS Section A You should always keep your speed below the maximum speed limit for the road you are driving on. Although you are not legally obliged to drive at the maximum speed limit, if it is safe to do, you should try and drive at a speed that at least approaches it. For example in a 40mph zone your speed should be between 35 and 40mph. Driving too slowly can be as dangerous as driving too fast. The driver who toddles along a 60mph road at 30mph causes tailbacks and frustration. This can lead to dangerous overtaking manoeuvres and other road safety issues. Speed in itself is not that dangerous, inappropriate speed is. Always take into account the weather and road conditions. Driving at 56mph, even though you are legally entitled to do so, when there is ice on the road is dangerous and inappropriate, as is driving at 30mph on a dual carriageway when the weather is fine. Maximum Speed Limits Speed Limits Built Up Area Single Carriageways Dual Carriageways Motorways Vehicle MPH (KPH) MPH (KPH) MPH (KPH) MPH (KPH) Car / Vans up to 2 tonnes max laden weight Cars (including car derived vans) towing trailers Buses, Coaches & Mini buses (not exceeding 12 metres in overall length 30 (48) 60 (96) 70 (112) 70 (112) 30 (48) 50 (80) 60 (96) 60 (96) 30 (48) 50 (80) 60 (96) 70 (112) Goods Vehicles. (Not exceeding 7.5 tonnes max laden weight) 30 (48) 50 (80) 60 (96) 70 (112) (60 96 if articulated or towing a trailer) PAGE 26 Goods Vehicles. (Exceeding 7.5 tonnes max laden weight) 30 (48) 40 (64) 50 (80) 60 (96)

29 Section A Road Transport - Commercial 1.5 HIGHWAY CODE The Highway Code gives us a lot of good information, however for this publication we have selected parts that are particularly relevant for goods vehicles. A vast majority of drivers openly admit to reading the Highway Code during their learning to drive period and then never again. As it has undergone several alterations over the years it is advisable to have a regular read through in order to stay up to date. The Highway Code can be viewed free of charge on the Internet: Left Central Right Motor vehicles over 7,500 kilograms maximum gross weight and trailers over 3,500 kilograms maximum gross weight. The vertical markings are also required to be fitted to builders skips placed in the road, commercial vehicles or combinations longer than 13 metres (optional on combinations between 11 and 13 metres). Both are required when load or equipment (e.g. crane jib) displayed in front or rear overhangs front or rear by more than two metres.low Bridge or overhead restriction. PAGE 27

30 Unite Professional DRIVERS handbook Section A Bridges All bridges with a clearance of less than 16 feet 6 inches (about 5 metres) are normally signed. Both regulatory roundels and warning triangles can be used, depending on the type of bridge. At non-arch bridges mandatory signs may be used, they are placed on the bridge and at the side of the road in front of the bridge. No vehicles over the height shown may pass the sign (height shown in metric and imperial units) No vehicles over the height shown may pass the sign (height shown in imperial units) Some signs give advance warning of the distance of a low bridge. Some give the location along with a diversionary route PAGE 28 The maximum safe headroom at an arch bridge is shown on the triangular warning signs. Road markings guide high vehicles through the highest part of the arch. Drivers of all vehicles should give way to oncoming high vehicles in the middle of the road when there is insufficient room to pass. Drivers of cars and other low vehicles may keep to the left-hand side of the road, crossing the road markings, where this would enable them to pass oncoming vehicles in safety.

31 Section A Road Transport - Commercial To improve the visibility of a bridge, black and yellow bands may be added to the arches or beams and to the abutments. Highway Code general advice You MUST obey all traffic light signals and traffic signs giving orders, including temporary signals and signs. Make sure you know, understand and act on all other traffic and information signs and road markings. [Laws RTA 1988 sect 36 & TSRGD 2002 regs 10, 15, 16, 25, 26, 27, 28, 29, 36, 38 & 40] Flashing headlights and the use of horn Only flash your headlights to let other road users know that you are there. Do not flash your headlights to convey any other message or intimidate other road users. Never assume that flashing headlights is a signal inviting you to proceed. Use your own judgement and proceed carefully. Use the horn only while your vehicle is moving and you need to warn other road users of your presence. Never sound your horn aggressively. Unless another road user poses a danger you MUST NOT use your horn while stationary on the road when driving in a built-up area between the hours of pm and 7.00 am. [Law CUR reg 99] Lighting Ensure all sidelights and rear registration plate lights are lit between sunset and sunrise. Use headlights at night, except on a road which has lit street lighting. These roads are generally restricted to a speed limit of 30mph (48km/h) unless otherwise specified. Use headlights when visibility is seriously reduced (see Rule 226). Night (the hours of darkness) is defined as the period between half an hour after sunset and half an hour before sunrise). [Laws Road Vehicle Lighting Regulations 1989 regs 3, 24, & 25, (In Scotland Road Traffic Regulation Act 1984 sect 82 (as amended by New Street and Roads Works Act 1991, para 59 of sched 8))] PAGE 29

32 Unite Professional DRIVERS handbook You MUST NOT Section A Use any lights in a way which would dazzle or cause discomfort to other road users, including pedestrians, cyclists and horse riders. Use front or rear fog lights unless visibility is seriously reduced. You MUST switch them off when visibility improves to avoid dazzling other road users. In stationary queues of traffic, drivers should apply the parking brake and once the following traffic has stopped, take their foot off the foot brake to deactivate the vehicle brake lights. This will minimise glare to road users behind until the traffic moves again. You should also Use dipped headlights, or dim-dip if fitted, at night in built-up areas and in dull daytime weather, to ensure that you can be seen. Keep your headlights dipped when overtaking until you are level with the other vehicle and then change to main beam if necessary, unless this would dazzle oncoming road users. Slow down, and if necessary stop, if you are dazzled by oncoming headlights. Hazard warning lights These may be used when your vehicle is stationary, to warn that it is temporarily obstructing traffic. Never use them as an excuse for dangerous or illegal parking. You MUST NOT use hazard warning lights while driving or being towed unless you are on a motorway or unrestricted dual carriageway and you need to warn drivers behind you of a hazard or obstruction ahead. Only use them for long enough to ensure that your warning has been observed. [Law Road Vehicle Lighting Regulations reg 27] PAGE 30 You MUST NOT Leave a parked vehicle unattended with the engine running or leave a vehicle engine running unnecessarily while that vehicle is stationary on a public road. Generally, if the vehicle is stationary and is likely to remain so for more than a couple of minutes, you should apply the parking brake and switch off the engine to reduce emissions and noise pollution. However it is permissible to leave the engine running if the vehicle is stationary in traffic or for diagnosing faults. [Laws CUR regs 98 & 107]

33 Section A Road Transport - Commercial Speed limits You MUST NOT exceed the maximum speed limits for the road and for your vehicle. The presence of street lights generally means that there is a 30mph (48km/h) speed limit unless otherwise specified. [Law RTRA 1984 sects 81, 86, 89 & sch 6] White lines and chevrons A broken white line. This marks the centre of the road. When this line lengthens and the gaps shorten, it means that there is a hazard ahead. Do not cross it unless you can see the road is clear and wish to overtake or turn off. Double white lines where the line nearest to you is broken. This means you may cross the lines to overtake if it is safe, provided you can complete the manoeuvre before reaching a solid white line on your side. White direction arrows on the road indicate that you need to get back onto your side of the road. Double white lines where the line nearest you is solid. This means you MUST NOT cross or straddle it unless it is safe and you need to enter adjoining premises or a side road. You may cross the line if necessary, provided the road is clear, to pass a stationary vehicle, or overtake a pedal cycle, horse or road maintenance vehicle, if they are travelling at 10mph (16km/h) or less. [Laws RTA 1988 sect 36 & TSRGD 2002 regs 10 & 26] Areas of white diagonal stripes or chevrons painted on the road. These are to separate traffic lanes or to protect traffic turning right. If the area is bordered by a broken white line, you should not enter the area unless it is necessary and you can see that it is safe to do so. If the area is marked with chevrons and bordered by solid white lines you MUST NOT enter it except in an emergency. [Laws MT(E&W)R regs 5, 9, 10 & 16, MT(S)R regs 4, 8, 9 & 14, RTA sect 36 & TSRGD 2002 reg 10(1)] Reflective road studs may be used with white lines White studs mark the lanes or the middle of the road. Red studs mark the left edge of the road. PAGE 31

34 Unite Professional DRIVERS handbook Section A Amber studs mark the central reservation of a dual carriageway or motorway. Green studs mark the edge of the main carriageway at lay-bys and slip roads. Green/yellow studs indicate temporary adjustments to lane layouts, e.g. where road works are taking place. Where a single carriageway has three lanes and the road markings or signs do not give priority to traffic in either direction Use the middle lane only for overtaking or turning right. Remember, you have no more right to use the middle lane than a driver coming from the opposite direction. Do not use the right-hand lane. Where a single carriageway has four or more lanes, use only the lanes that signs or markings indicate. PAGE 32 Dual carriageways A dual carriageway is a road which has a central reservation to separate the carriageways. On a two-lane dual carriageway you should stay in the left-hand lane. Use the right-hand lane for overtaking or turning right. After overtaking, move back to the left-hand lane when it is safe to do so. On a three-lane dual carriageway, you may use the middle lane or the right-hand lane to overtake but return to the middle and then the lefthand lane when it is safe. Designated lanes Climbing and crawler lanes. These are provided on some hills. Use this lane if you are driving a slow-moving vehicle or if there are vehicles behind you wishing to overtake. Be aware of the signs and road markings which indicate the lane is about to end.

35 Section A Road Transport - Commercial Cycle lanes. These are shown by road markings and signs. You MUST NOT drive or park in a cycle lane marked by a solid white line during its times of operation. Do not drive or park in a cycle lane marked by a broken white line unless it is unavoidable. You MUST NOT park in any cycle lane whilst waiting restrictions apply. [Law RTRA 1984 sects 5 & 8] Bus lanes. These are shown by road markings and signs that indicate which (if any) other vehicles are permitted to use the bus lane. Unless otherwise indicated, you should not drive in a bus lane during its period of operation. You may enter a bus lane to stop, to load or unload where this is not prohibited. High-occupancy vehicle lanes and other designated vehicle lanes. Lanes may be restricted for use by particular types of vehicle; these restrictions may apply some or all of the time. The operating times and vehicle types will be indicated on the accompanying traffic signs. You MUST NOT drive in such lanes during their times of operation unless signs indicate that your vehicle is permitted (see 'Information signs'). Vehicles permitted to use designated lanes may or may not include cycles, buses, taxis, licensed private hire vehicles, motorcycles, heavy goods vehicles (HGVs) and high-occupancy vehicles (HOVs). Where HOV lanes are in operation, they MUST ONLY be used by Vehicles containing at least the minimum number of people indicated on the traffic signs. Any other vehicles, such as buses and motorcycles, as indicated on signs prior to the start of the lane, irrespective of the number of occupants. [Laws RTRA 1984 sects 5 & 8, & RTA 1988, sect 36] Smoking You MUST NOT smoke in public transport vehicles or in vehicles used for work purposes in certain prescribed circumstances. Separate regulations apply to England, Wales and Scotland. [Laws TSf(EV) regs 2007, TSfP(W) regs 2007 & TPSCP(S) regs 2006] PAGE 33

36 Unite Professional DRIVERS handbook Mobile phones Section A You MUST exercise proper control of your vehicle at all times. You MUST NOT use a hand-held mobile phone, or similar device, when driving or when supervising a learner driver, except to call 999 or 112 in a genuine emergency when it is unsafe or impractical to stop. Never use a handheld microphone when driving. Using hands-free equipment is also likely to distract your attention from the road. It is far safer not to use any telephone while you are driving or riding find a safe place to stop first or use the voic facility and listen to messages later. [Laws RTA 1988 sects 2 & 3 & CUR regs 104 & 110] There is a danger of driver distraction being caused by in-vehicle systems such as satellite navigation systems, congestion warning systems, PCs, multi-media, etc. You MUST exercise proper control of your vehicle at all times. Do not rely on driver assistance systems such as cruise control or lane departure warnings. They are available to assist but you should not reduce your concentration levels. Do not be distracted by maps or screen-based information (such as navigation or vehicle management systems) while driving or riding. If necessary find a safe place to stop. [Laws RTA 1988 sects 2 & 3 & CUR reg 104] Overtaking If you would have to cross or straddle double white lines with a solid line nearest to you (but see Rule 129). If you would have to enter an area designed to divide traffic, if it is surrounded by a solid white line. The nearest vehicle to a pedestrian crossing, especially when it has stopped to let pedestrians cross. If you would have to enter a lane reserved for buses, trams or cycles during its hours of operation. PAGE 34

37 Section A Road Transport - Commercial After a No Overtaking sign and until you pass a sign cancelling the restriction. [Laws RTA 1988 sect 36, TSRGD regs 10, 22, 23 & 24, ZPPPCRGD reg 24] Being overtaken. If a driver is trying to overtake you, maintain a steady course and speed, slowing down if necessary to let the vehicle pass. Never obstruct drivers who wish to pass. Speeding up or driving unpredictably while someone is overtaking you is dangerous. Drop back to maintain a two-second gap if someone overtakes and pulls into the gap in front of you. Do not hold up a long queue of traffic, especially if you are driving a large or slow-moving vehicle. Check your mirrors frequently, and if necessary, pull in where it is safe and let traffic pass. You MUST NOT park on a crossing or in the area covered by the zig-zag lines. You MUST NOT overtake the moving vehicle nearest the crossing or the vehicle nearest the crossing which has stopped to give way to pedestrians. [Laws ZPPPCRGD regs 18, 20 & 24, RTRA sect 25(5) & TSRGD regs 10, 27 & 28] In queuing traffic, you should keep the crossing clear. Emergency and Incident support vehicles You should look and listen for ambulances, fire engines, police, doctors or other emergency vehicles using flashing blue, red or green lights and sirens or flashing headlights, or Highways Agency Traffic Officer and Incident Support vehicles using flashing amber lights. When one approaches do not panic. Consider the route of such a vehicle and take appropriate action to let it pass, while complying with all traffic signs. If necessary, pull to the side of the road and stop, but try to avoid stopping before the brow of a hill, a bend or narrow section of road. Do not endanger yourself, other road users or pedestrians and avoid mounting the kerb. Do not brake harshly on approach to a junction or roundabout, as a following vehicle may not have the same view as you. PAGE 35

38 Unite Professional DRIVERS handbook Section A This is advice given to motorists regarding large goods vehicles Large vehicles. These may need extra road space to turn or to deal with a hazard that you are not able to see. If you are following a large vehicle, such as a bus or articulated lorry, be aware that the driver may not be able to see you in the mirrors. Be prepared to stop and wait if it needs room or time to turn. Large vehicles can block your view. Your ability to see and to plan ahead will be improved if you pull back to increase your separation distance. Be patient, as larger vehicles are subject to lower speed limits than cars and motorcycles. Many large vehicles may be fitted with speed limiting devices which will restrict speed to 56mph (90km/h) even on a motorway. PAGE 36

39 Section B Road Transport - Commercial 2.1 DRIVERS HOURS There are two main sets of rules governing drivers hours and the use of tachographs: EU Rules. GB Domestic Rules. In addition if you are driving under EU rules the Road Transport (Working Time) Regulations 2005 apply to you and if you are driving under the GB Domestic Rules part of the Working Time Regulations 1998 apply to you. Note: that AETR (European agreement concerning the work of crews of vehicles engaged in international road transport), which was relevant for journeys through certain EU countries not covered by the EU rules, are now fully aligned with the EU regulations. Within Great Britain (GB), either UK domestic or EU rules may apply. For international journeys the EU rules may apply. Which set of rules applies depends on the type of driving and the type of vehicle being used, in the case of international journeys, the countries to be visited. 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. Off-road driving is in scope where it forms part of a journey that also takes place on public roads. Vehicles that are exempted from the EU rules come under UK domestic rules on drivers hours while engaged in domestic journeys. For journeys that are partly in the EU and partly in countries that are neither in the EU nor signatories to the previous AETR, EU rules will apply to that portion of the journey that is in the EU. Countries outside the EU and AETR are likely to have their own regulations governing drivers hours, which should be adhered to while you are driving in that country. These should be obtained from the relevant Embassy prior to leaving the UK. PAGE 37

40 Unite Professional DRIVERS handbook Section B Countries in which the EU rules apply EU countries Austria Belgium Bulgaria Cyprus Czech Republic Denmark Estonia Finland France Germany Greece Hungary Ireland Italy Latvia Lithuania Luxembourg Malta Netherlands Poland Portugal Romania Slovakia Slovenia Spain Sweden United Kingdom Previous AETR countries Albania Andorra Armenia Azerbaijan Belarus Bosnia and Herzegovina Croatia Kazakhstan Macedonia Moldova Russia San Marino Serbia and Montenegro Turkey Turkmenistan Ukraine Uzbekistan European Economic Area (EEA) Iceland Liechtenstein Norway Note: Switzerland is not a member of the European Union but complies with the EU rules. EU Regulations Exemptions and derogations Some vehicles are exempt from the regulations regardless of where they are driven within the EU: Vehicles not capable of exceeding 40km/h. For example, some works vehicles fall into this category. Also includes vehicles incapable of exceeding 40km/h by virtue of a set speed limiter. PAGE 38 Vehicles owned or hired without a driver by the Armed Forces, civil defence services, fire services and forces responsible for maintaining public order, when the carriage is undertaken as a consequence of the tasks assigned to these services and is under their control.

41 Section B Road Transport - Commercial Vehicles, including vehicles used in the non-commercial transport of humanitarian aid, used in emergencies or rescue operations. Specialised vehicles used for medical purposes. Specialised breakdown vehicles operating within a 100 km radius of their base. The EU rules do not define an emergency but we consider that this would certainly include any of the situations that would be considered an emergency for the purposes of the UK domestic drivers hours legislation, namely: Danger to the life or health of people or animals; Serious interruption of essential public services (gas, water, electricity or drainage), of telecommunication and postal services, or in the use of roads, railways, ports or airports; and Serious damage to property. Vehicles used in connection with emergency or rescue operations would be exempt from the EU rules for the duration of the emergency. The important aspect of humanitarian aid is that it only applies to transport carried out on a non-commercial basis e.g. transportation of donated clothes, food parcels, etc. Mobile chest x-ray units, for example Specialised breakdown vehicle was interpreted by the European Court as a vehicle whose construction, fitments and other permanent characteristics were such that it would be used mainly for removing vehicles that had recently been involved in an accident or broken down. Vehicles undergoing road tests for technical development, repair or maintenance purposes, and new or rebuilt vehicles, which have not yet been put into, service. PAGE 39

42 Unite Professional DRIVERS handbook Vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7.5 tonnes used for the non-commercial carriage of goods. Commercial vehicles that have a historic status according to the legislation of the Member State in which they are driven and that are used for the noncommercial carriage of goods. Section B Examples could include a person moving house and goods carried by a non-profit making group or registered charity. In the UK, a vehicle is a historic vehicle if it was manufactured more than 25 years before the occasion on which it is being driven. The EU Grants member states the power to apply derogations. The following have been implemented within the UK PAGE 40 Vehicles owned or hired without a driver by public authorities that do not compete with private transport undertakings. The derogation only applies to vehicles being used: For the provision of ambulance services by or at the request of an NHS body; For the transport of organs, blood, equipment, medical supplies or personnel by or at the request of an NHS body; By a local authority to provide services for old persons or for mentally or physically handicapped persons; By HM Coastguard or a general or local lighthouse authority; For maintaining railways by the British Railways Board, any holder of a network licence which is a company wholly owned by the Crown, Transport for London (or a wholly owned subsidiary), a Passenger Transport Executive or a local authority; or By the British Waterways Board for the purpose of maintaining navigable waterways.

43 Section B Road Transport - Commercial Vehicles used or hired without a driver by agricultural, horticultural, forestry, farming or fishery undertakings for carrying goods as part of their own entrepreneurial activity within a radius of 100km from the base of the undertaking. For a vehicle used by fishery undertakings, the exemption only applies if it is being used to carry live fish or to carry a catch of fish from the place of landing to a place where it is to be processed. Agricultural tractors and forestry tractors used for agricultural or forestry activities within a 100km radius from the base of the undertaking that owns, hires or leases the tractor. Vehicles that are used to carry live animals between a farm and a market or from a market to a slaughterhouse where the distance between the farm and the market or between the market and the slaughterhouse does not exceed 50km. Vehicles being used to carry animal waste or carcasses that are not intended for human consumption. Specially fitted mobile project vehicles, the primary purpose of which is use as an educational facility when stationary. For example play buses and mobile libraries. Vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7.5 tonnes that are used: Universal service providers (Royal Mail). Carrying materials, equipment or machinery for the drivers use in the course of his work. These vehicles shall be used only within a 50km radius of the base of the undertaking and on the condition that driving the vehicle does not constitute the driver s main activity. PAGE 41

44 Unite Professional DRIVERS handbook Vehicles operated exclusively on islands whose area does not exceed 2,300km and that are not linked to the rest of Great Britain by a bridge, ford or tunnel open for use by a motor vehicle. Vehicles used for the carriage of goods within a 50km radius from the base of the undertaking and propelled by means of natural or liquefied gas or electricity, the maximum permissible mass of which, including the mass of a trailer or semi-trailer, does not exceed 7.5 tonnes. Vehicles used for driving instruction and examination with a view to obtaining a driving licence or a certificate of professional competence, provided that they are not being used for the commercial carriage of goods or passengers. Section B PAGE 42 Vehicles used in connection with sewerage, flood protection, water, gas and electricity maintenance services, road maintenance or control, door-to-door household refuse collection or disposal, telegraph or telephone services, radio or television broadcasting and the detection of radio or television transmitters or receivers. There have been a number of significant court rulings from the European Court of Justice and British courts dealing with this exemption. Common themes have included a direct and close involvement in the exempt activity; the principle of a general service in the public interest; and the limited and secondary nature of the transport activity. It is our view that vehicles used in connection with sewerage; flood protection, water, gas and electricity services must be involved in the maintenance of an existing service (rather than the construction of a new service) to claim the concession. Cont..

45 Section B Road Transport - Commercial The types of refuse collection and disposal operations likely to be exempt are: the door-to-door collection of black bin bags, green waste, newspapers or glass from households; the collection of sofas and household appliances from households within a local area; and the clearing of a home following a bereavement, provided refuse collection and disposal is the core purpose. Specialised vehicles transporting circus and funfair equipment. Vehicles used for milk collection from farms or the return to farms of milk containers or milk products intended for animal feed. Vehicles being used on roads inside hubs, airports, ferry ports. This applies only to those vehicles being used within facilities such as ports, airports, interports and the perimeter of these areas (rather than those driving railway terminals. to or through the areas); although it is accepted that these vehicles may occasionally leave the site for vehicle maintenance purposes. Driving time Driving time is the duration of driving activity recorded either by the recording equipment or manually when the recording equipment is broken. Even a short period of driving under EU rules during any day by a driver will mean that they are in scope of the EU rules for the whole of that day and must comply with the daily driving, break and rest requirements; they will also have to comply with the weekly rest requirement and driving limit. PAGE 43

46 Unite Professional DRIVERS handbook Breaks Section B After a driving period of no more than 4.5 hours, a driver must immediately take a break of at least 45 minutes, unless he takes a rest period. A break taken in this way must not be interrupted. Alternatively, a full 45 minute break can be replaced by one break of at least 15 minutes followed by another break of at least 30 minutes. These breaks must be distributed over the 4.5 hour period. Breaks of less than 15 minutes will not contribute towards a qualifying break, but neither will they be counted as duty or driving time. The EU rules will only allow a split-break pattern that shows the second period of break being at least 30 minutes. A driver wipes the slate clean if he takes a 45 minute break (or qualifying breaks totalling 45 minutes) before or at the end of a 4.5 hour driving period. This means that the next 4.5 hour period begins with the completion of that qualifying break, and in assessing break requirements for the new 4.5 hour period, no reference is to be made to driving time accumulated before this point. A break is any period during which a driver may not carry out any driving or any other work and which is used exclusively for recuperation. A break may be taken in a moving vehicle, provided no other work is undertaken. Daily driving limit Daily driving time is: The total accumulated driving time between the end of one daily rest period and the beginning of the following daily rest period; or The total accumulated driving time between a daily rest period and a weekly rest period. The maximum daily driving limit is 9 hours. PAGE 44 This can be increased to 10 hours twice a week. Note: Driving time includes any off-road parts of a journey where the rest of that journey is made on the public highway. Journeys taking place entirely off road would be considered as other work.

47 Section B Road Transport - Commercial So, for example, any time spent driving off road between a parking/rest area and a loading bay prior to travelling on a public road would constitute driving time. It would not be regarded as driving time but, as other work, if where an entire load is picked up and deposited on the same off-road site. Weekly driving limit The maximum weekly driving limit is 56 hours, which applies to a fixed week. The fixed week starts at on Monday and ends at on the following Sunday. For example 4 x 9 hours = 36 hours, plus 2 x 10 hours = 56 hours. Mon Tues Wed Thur Fri Sat Sun Weekly Rest Period 9 Hours Driving 9 Hours Driving 10 Hours Driving 9 Hours Driving 10 Hours Driving 9 Hours Driving Weekly Rest Period The two week driving limit, over any two weeks, is 90 hours. Week Drive Total 1 56 Hours 90 Hours 2 34 Hours 3 45 Hours 4 35 Hours 80 Hours 5 55 Hours 79 Hours 90 Hours Week 1 (56 hours) + week 2 (34 hours) = 90 hours Week 2 (34 hours) + week 3 (45 hours) = 79 hours Week 3 (45 hours) + week 4 (35 hours) = 80 hours Week 4 (35 hours) + week 5 (55 hours) = 90 hours Any two consecutive weeks may not exceed 90 hours. PAGE 45

48 Unite Professional DRIVERS handbook Rest periods Section B A rest is an uninterrupted period where a driver may freely dispose of their time. Time spent working in other employment or under obligation or instruction, regardless of the occupation type, cannot be counted as rest, including work where you are self-employed. Regular daily rest period A driver must take a daily rest period within each period of 24 hours after the end of the previous daily or weekly rest period. An 11 hour (or more) daily rest period is called a regular daily rest period. Alternatively, a driver can split a regular daily rest period into two periods. The first period must be at least three hours of uninterrupted rest and can be taken at any time during the day. The second must be at least nine hours of uninterrupted rest, giving a total minimum rest of 12 hours. 13 Hours Duty 11 Hours Rest 15 Hours Duty 9 Hours Rest 8 Hours Duty 3 Hours Rest 4 Hours Duty Reduced daily rest period A driver may reduce his daily rest period to no less than nine continuous hours, but this can be done no more than three times between any two weekly rest periods, and no compensation for the reduction is required. A daily rest that is less than 11 hours but at least nine hours long is called a reduced daily rest period. A daily rest may be taken in a vehicle, provided that it has suitable sleeping facilities and is stationary. PAGE 46 Train or ferry Where a driver accompanies a vehicle that is being transported by ferry or train, the daily rest requirements are more flexible. A regular daily rest period may be interrupted no more than twice, but the total interruption must not exceed one hour in total. This allows for a vehicle

49 Section B Road Transport - Commercial to be driven onto a ferry and off at the end of a sea crossing. Where the rest period is interrupted in this way, the total cumulated rest period must still be 11 hours. A bunk or couchette must be available during the rest period. Multi-manning Multi-manning is the situation where, during each period of driving between any two consecutive daily rest periods, or between a daily rest period and a weekly rest period, there are at least two drivers in the vehicle to do the driving. For the first hour of multi-manning the presence of another driver or drivers is optional, but for the remainder of the period it is compulsory. This allows for a vehicle to depart from its operating centre and collect a second driver along the way, providing that this is done within one hour of the first driver starting work. Vehicles manned by two or more drivers are governed by the same rules that apply to single-manned vehicles, apart from the daily rest requirements. Where a vehicle is manned by two or more drivers, each driver must have a daily rest period of at least nine consecutive hours within the 30-hour period that starts at the end of the last daily or weekly rest period. Organising drivers duties in such a fashion enables their duties to be spread over 21 hours. The maximum driving for a two man crew taking advantage of this concession is 20 hours before a daily rest is required (although only if both drivers are entitled to drive 10 hours). Under multi-manning, the second driver in a crew may not necessarily be the same driver for the duration of the first driver s shift but could in principle be any number of drivers as long as the conditions are met. Whether these second drivers could claim the multi-manning concession in these circumstances would depend on their other duties. On a multi-manning operation the first 45 minutes of a period of availability will be considered to be a break, so long as the co-driver does no work. Weekly rest A driver must start a weekly rest period no later than at the end of six consecutive 24-hour periods from the end of the last weekly rest period. PAGE 47

50 Unite Professional DRIVERS handbook Section B A weekly rest period is the weekly period during which drivers may freely dispose of their time. It may be either a regular weekly rest period or a reduced weekly rest period. A regular weekly rest is a period of rest of at least 45 hours duration. A reduced weekly rest is a rest period of at least 24 but less than 45 hours duration. In any two consecutive fixed weeks a driver must take at least: Two regular weekly rests; or One regular weekly rest and one reduced weekly rest. Alternatively, a driver can take a reduced weekly rest period of a minimum of 24 consecutive hours. If a reduction is taken, it must be compensated for by an equivalent period of rest taken in one block before the end of the third week following the week in question. The compensating rest must be attached to a period of rest of at least nine hours in effect either a weekly or a daily rest period. For example, where a driver reduces a weekly rest period to 33 hours in week one, he must compensate for this by attaching a 12 hour period of rest to another rest period of at least nine hours before the end of week four. This compensation cannot be taken in several smaller periods. Week 1 33 hours (-12) Week 2 45 hours Week 3 45 hours Week 4 57 hours 12 hour reduction taken Full break taken 12 hours owed Full break taken 12 hours owed 45 hour break +12 hours compensation PAGE 48 An actual working week starts at the end of a weekly rest period, and finishes when another weekly rest period is commenced, which may mean weekly rest is taken in the middle of a fixed week (00.00 Monday to Sunday) week. This is perfectly acceptable the working week is not required to be aligned with the fixed week contained in other part of the rules such as calculating the maximum driving hours, provided all the relevant limits are complied with.

51 Section B Road Transport - Commercial Travelling time Where a vehicle coming within the scope of the EU rules is neither at the driver s home nor at the employer s operational centre where the driver is normally based but is at a separate location, time spent travelling to or from that location to take charge of the vehicle may not be counted as a rest or break, unless the driver is in a ferry or train and has access to a bunk or couchette. Unforeseen events Provided that road safety is not jeopardised, and to enable a driver to reach a suitable stopping place, a departure from the EU rules may be permitted to the extent necessary to ensure the safety of persons, the vehicle or its load. Drivers must note all the reasons for doing so on the back of their tachograph record sheets (if using an analogue tachograph) or on a printout or temporary sheet (if using a digital tachograph) at the latest on reaching the suitable stopping place (see relevant sections covering manual entries). Repeated and regular occurrences, however, might indicate to enforcement officers that employers were not in fact scheduling work to enable compliance with the applicable rules. A judgment by the European Court of Justice dated 9 November 1995 provides a useful guide to how this provision should be interpreted. It can apply only in cases where it unexpectedly becomes impossible to comply with the rules on drivers hours during the course of a journey. In other words, planned breaches of the rules are not allowed. This means that when an unforeseen event occurs, it would be for the driver to decide whether it was necessary to depart from the rules. In doing so, a driver would have to take into account the need to ensure road safety in the process (e.g. when driving a vehicle carrying an abnormal load under the Special Types regulations) and any instruction that may be given by an enforcement officer (e.g. when under police escort). Some examples of such events are delays caused by severe weather, road traffic accidents, mechanical breakdowns, interruptions of ferry services and any event that causes or is likely to cause danger to the life or health of people or animals. Note that this concession only allows for drivers to reach a suitable stopping place, not necessarily to complete their planned journey. Drivers and operators would be expected to reschedule any disrupted work to remain in compliance with the EU rules. PAGE 49

52 Unite Professional DRIVERS handbook Breaks from driving Daily driving Weekly driving Daily rest Multi-manning daily rest Ferry/train daily rest Section B A break of no less than 45 minutes must be taken after no more than 4.5 hours of driving. The break can be divided into two periods the first at least 15 minutes long and the second at least 30 minutes taken over the 4.5 hours. Maximum of nine hours, extendable to 10 hours no more than twice a week Maximum of 56 hours. Summary Minimum of 11 hours, which can be reduced to a minimum of nine hours no more than three times between weekly rests. May be taken in two periods, the first at least three hours long and the second at least nine hours long. The rest must be completed within 24 hours of the end of the last daily or weekly rest period. A nine hour daily rest must be taken within a period of 30 hours that starts from the end of the last daily or weekly rest period. For the first hour of multimanning the presence of another driver is optional, but for the remaining time it is compulsory. A regular daily rest period (of at least 11 hours) may be interrupted no more than twice by other activities of not more than one hour s duration in total, provided that the driver is accompanying a vehicle that is travelling by ferry or train and provided that the driver has access to a bunk or couchette. PAGE 50

53 Section B Road Transport - Commercial Weekly rest A regular weekly rest of at least 45 hours, or a reduced weekly rest of at least 24 hours, must be started no later than the end of six consecutive 24 hour periods from the end of the last weekly rest. In any two consecutive weeks, a driver must have at least two weekly rests one of which must be at least 45 hours long. A weekly rest that falls in two weeks may be counted in either week but not in both. Any reductions must be compensated in one block by an equivalent rest added to another rest period of at least nine hours before the end of the third week, following the week in question. AETR There used to be slightly different rules that applied if you travelled through certain non EU countries (see list on page 2 of this Section B) that were signatories to the AETR. This has now changed and rules in AETR countries are now exactly the same as the EU rules. GB domestic hours The GB domestic rules, as contained in the Transport Act 1968, apply to most goods vehicles that are exempt from the EU rules. Separate rules apply to Northern Ireland. The working day is the 24 hour period beginning with the start of duty time. Daily driving. In any working day the maximum amount of driving permitted is 10 hours. The daily driving limit applies to driving on and off the public road. Off-road driving for the purposes of agriculture, quarrying, forestry, building work or civil engineering counts as duty rather than driving time. Daily duty. In any working day the maximum amount of duty permitted is 11 hours. A driver is exempt from the daily duty limit (11 hours) on any working day when he does not drive. A driver who does not drive for more than four hours on each day of the week is exempt from the daily duty limit. PAGE 51

54 Unite Professional DRIVERS handbook Section B In the case of an employed driver, this means being on duty (whether driving or otherwise) for anyone who employs him as a driver. This includes all periods of work and driving, but does not include rest or breaks. Employers should also remember that they have additional obligations to ensure that drivers receive adequate rest under health and safety legislation. For owner-drivers, this means driving a vehicle connected with their business, or doing any other work connected with the vehicle and its load. Drivers of certain vehicles are exempt from the duty but not the driving limit, namely goods vehicles, including dual purpose vehicles, not exceeding a maximum permitted gross weight of 3.5 tonnes, when used: By doctors, dentists or midwives. For any service of inspection, cleaning, maintenance, repair, installation or fitting. Commercial travellers. 2.2 WORKING TIME REGULATIONS Driving under EU rules If you are subject to EU rules you are also be subject to the 2005 Road Transport Working Time Directive Regulations. Working time under these regulations means the time from the beginning to the end of work during which the mobile worker is at his workstation, at the disposal of his employer and exercising his functions or activities. Working Time is not the same as Driving Time under EU rules and the two must not be confused. PAGE 52 The main provisions of the Regulations are over a reference period of 17 weeks, or up to 26 weeks with a workforce agreement, you must have worked no more than an average of 48 hours. Equal to 816 hours or 1,248 over 26 weeks. You may work up to 60 hours in a week, but the average over the reference period must not exceed 48.

55 Section B Road Transport - Commercial Weekly working time Must not exceed an average of 48 hours a week over a 17 week reference period. The reference period may be extended to 26 weeks if there is a workforce Agreement (for union sites this should only be done under a union agreement) Note: That unlike for non-mobile workers there is no opt-out of the rules governing the average 48 hour working week. You may work (but not drive) up to 60 hours in any one week, but the average over the reference period must not exceed days of your annual holidays will count as working time when calculating th average hours worked. For each single day of holiday your employer must record eight hours towards your reference period and for an en-block week 48 hours must be recorded towards your reference period. All other holidays, including bank holidays, will not count towards calculating the average hours worked in the reference period. Sick leave, maternity/paternity leave will count towards the average hours worked during reference period and are calculated in the same way as the 20 days holiday. Night work Night workers (work between 0000 and 0400 hrs) may not work more than 10 hours without a workplace or union agreement. Night workers are also entitled to regular medical checks. Breaks and periods availability Do not count as Working Time for the purposes of calculating the weekly average hours. Breaks Mobile workers must not work more than six consecutive hours without taking a break. Breaks should be of at least 15 minutes duration. If your working hours total between six and nine hours then working time should be interrupted by a break or breaks totalling at least 30 minutes. If your working hours PAGE 53

56 Unite Professional DRIVERS handbook Section B total more than nine hours, working time should be interrupted by a break or breaks totalling at least 45 minutes. The EU rules and Working Time Regulations can appear to clash. The EU rule that a break must be taken after 4.5 hours Driving must always be adhered to and a driver could only go 6 hours without a break if 1.5 hours of their working time was not driving time) POA Periods of availability A period of availability must be known about in advance and does not count as working time. The driver must be notified about the PoA in advance but the person notifying them need not be their employer. PAGE 54 Examples of situations when a period of time could be recorded as a PoA provided the known in advance precondition is met include: Time when accompanying a vehicle being transported by boat or train. Time spent waiting at frontiers. Periods of waiting due to traffic prohibitions including where the police have delayed the movement of an abnormal load for a set period of time, or where vehicles are banned from city centres during specified hours, and the driver has to park the vehicle and wait. When driving or travelling as part of a team, time spent sitting next to the driver while the vehicle is in motion, unless the mobile worker is taking a break or performing any other work (e.g. navigation). When a mobile worker experiences a delay at a regional distribution centre or depot, waiting for someone to load or unload their vehicle, if they know about the length of the delay at the start of the period (because someone has told them; because they have arrived too early for their slot; or because they always experience a delay at one of their regular customers). If a mobile worker typically experiences a one hour delay at one of their regular customers, then this would count as a PoA. However, if they were to unexpectedly experience a two hour delay, then the second hour would count as working time unless the mobile worker was notified, before the end of the first hour, that a further hours delay was expected, in which case the second hour would also count as a PoA.

57 Section B Road Transport - Commercial Where a mobile worker reports for work, is informed that they are not required to undertake any duties for a specified period (albeit, they need to remain on site to answer calls and be ready to take up work), but is free to wait in the canteen or rest facility. If the vehicle breaks down and the mobile worker is told how long it will take to be rescued. Situations when a period of time should not be recorded as a PoA. Where a driver is diverted due to a road closure, he/she would still be driving so the period could not be counted as a PoA. Delays due to congestion (i.e. stuck in a traffic jam) would not count as a PoA because the driver would be stopping and starting the vehicle. If a mobile worker is monitoring activity by others, (e.g. petrol at filling station, or the unloading of the lorry), this time would count as working time rather than a PoA. Frequently moving up within a queue (e.g. waiting within a queue to load or unload) every other minute would not qualify as a PoA. When the duration of the PoA is not known in advance, for example if a mobile worker was told to arrive at 9am and then leave at any time up to 1pm this would not be a PoA as the duration is not known. Working time does not include: Travel to or from work, breaks, optional evening courses or day release courses (job related training does count) or some voluntary work. Occasional Workers are exempt from the Working Time Regulations provided: They work 10 days or less during a 26 week reference period. They work 15 days or less during a reference that is longer than 26 weeks. Driving under GB domestic rules The 2005 Road Transport (Working Time) Regulations do not apply but certain provisions of the 1998 Working Time regulations do apply. PAGE 55

58 Unite Professional DRIVERS handbook Weekly working time Section B Average working hours must not exceed 48 hours over the reference period but the individual driver can opt out of this maximum if driving under GB rules. The reference period for calculating the average is 17 weeks but can be extended to 52 weeks by a Workplace or Union Agreement. Night workers Are entitled to health checks. Breaks The only provision is that you are entitled to adequate rest which is defined as regular rest periods that should be sufficiently long and continuous to ensure that the worker does not harm themselves, fellow workers or others and that they do not damage their health in the short term. Setting the tachograph mode You must set your tachograph to the correct mode when using periods of availability; of course the tachograph should always be set to the correct mode. Steering Wheel is for driving. On most tachographs this is automatic Diagonal Box Periods of Availability Crossed Hammers. Other work, not driving PAGE 56 Bed Breaks or rest periods

59 Section B Road Transport - Commercial 2.3 ANALOGUE TACHOGRAPH An approved tachograph is the required instrument by which the activities of drivers subject to the EU or AETR drivers hours rules, and the vehicle s speed, distance and time are recorded. There are two main types of tachograph analogue and digital. The only exception is when driving a vehicle engaged in the collecting of sea coal. In this one case you are subject to the EU rules on drivers hours but do not need a tachograph. Analogue or digital? Vehicles first registered on or after 1 May 2006 must be fitted with a digital tachograph. Those vehicles registered before that date can be fitted with either analogue or digital equipment. Analogue tachograph A stylus cutting traces into a wax-coated chart makes analogue tachograph recordings. Three separate styluses mark recordings of speed, distance travelled and the driver s activity (known as the mode ). The inner part is used by the driver to write details of his name, location of start of journey, end location, date and odometer readings. The reverse of a tachograph chart normally contains an area for recording manual entries and details of other vehicles driven during the period covered. Drivers are responsible for correctly operating the instrument in order to accurately and fully record their activities. Specifically, drivers must: Verify, before using an instrument, that it is correctly calibrated via the attached plaques and ensure that the time displayed is set to the official time of the country in which the vehicle is registered.. Carry enough charts for the whole journey, including spare charts in case any become damaged or dirty. Use a second chart if a chart is damaged while in use and attach this one to the first chart on completion. There are other occasions when use of a second chart in a 24 hour period is unavoidable, namely when a driver changes to a vehicle with an incompatible tachograph to the chart in use, or he changes vehicle so many times that all the details cannot be accommodated on one chart. PAGE 57

60 Unite Professional DRIVERS handbook Section B Ensure that the correct type of chart is being used for the specific model of tachograph in use and that enough spare charts are carried. Not use the charts to cover longer than 24 hours. Enter centerfield details at the first use of the chart, when changing vehicles and when completing the use of the chart (see Centerfield entries section). Correctly operate the mode switch in order to accurately record their activities. Make manual entries on the chart in respect of their activities away from the vehicle (see manual entries section), where the rules have been exceeded in an emergency, or to correct a recording. Make manual entries when the equipment malfunctions and report any such malfunctions to the operator or employer. Return used charts to the operator within 42 days. This requirement must be complied with even when a driver changes employer. Permit an Authorised Examiner or police officer to examine the tachograph instrument. Not remove the chart from the instrument before the end of their duty period unless authorised to do so. The rules are not specific on who can authorise removal of the chart, but cases where charts can be removed include: Change of vehicle. To make manual entries in the event of an emergency, equipment malfunction etc; and be able to produce at the roadside. Charts and any legally required manual records for the current day and the previous 28 calendar days; the driver s digital smart card if they hold one. PAGE 58

61 Section B Road Transport - Commercial Centerfield entries A driver is required to enter the following information on the centerfield of a tachograph chart to record their activities: Surname and first name (the law does not stipulate which order the names are put but your employer may have a policy on this). The date and place where the use of the record sheet begins and ends. The year may be written in full or abbreviated so both 2007 and 07 are acceptable. If the start and finish places are the same, both must be written on the chart ditto marks are not acceptable. The registration numbers(s) of vehicle(s) driven (which should be entered before departing on a new vehicle). The time at which any change of vehicle takes place; and The odometer readings. At the start of the first journey. At the end of the last journey; and At the time of any change of vehicle, recording the readings from both vehicles. PAGE 59

62 Unite Professional DRIVERS handbook Section B Note that the total kms field does not have to be completed. PAGE 60

63 Section B Road Transport - Commercial Manual entries In this picture the driver has began his shift at 0600 (End Daily Rest), however was not allocated a vehicle until At the end of the shift (Start Daily Rest) the driver handed the vehicle to another driver one hour before his shift ended. The hour before and after the driver had the vehicle has been marked on the rear of the chart. In this picture the driver swapped vehicles part way through his shift. The time that the swap took place, the new vehicle registration number and the open and closing mileage is recorded on the rear of the chart. Note that there is space for a further two vehicle changes. In this picture the drivers tachograph has malfunctioned, therefore the driver has had to make a manual recording of the remainder of their daily activities. Note: That the driver has written the reason for recording their activities. It is essential that you do this. PAGE 61

64 Unite Professional DRIVERS handbook Section B All new vehicles first registered on or after 1 May 2006 must be fitted with a digital tachograph. However, you can continue to use analogue tachographs fitted to vehicles registered before that date. Digital tachographs work by storing digital data on the driver and vehicle in their own memory and separately on a driver s smart card. Transport undertakings must periodically download this data from the digital tachograph and from driver cards and analyse the information to ensure that the rules have been complied with. It is a legal requirement for a digital tachograph-equipped vehicle driven in scope of EU rules that the driver must use a driver card. If the vehicle is used without a card being inserted, the system will not prevent the vehicle from being driven, but the VU will record the fact that the vehicle has been used without a card. Drivers may only be in possession of one driver s smart card, and must never use anyone else s card or allow another driver to use their card. Ensure that the instrument is calibrated by inspecting the calibration plaque or interrogating the instrument. Ensure that their driver card is inserted into the correct slot (driver in slot 1, second driver in slot 2) from the moment they take over the vehicle, and that it is ready for use, before the vehicle is moved. Record the country in which they begin and end their daily work period. This must always be carried out at the time of the start or end of the period, even if the card is not to be withdrawn or inserted (for example if the card is left in overnight). Carry sufficient supplies of type-approved print roll on board the vehicle so that a printout can be produced at an enforcement officer s request. Ensure that all duties conducted since the driver card was last removed from a tachograph are manually entered onto the card record, using the manual entry facility on the tachograph. PAGE 62

65 Section B Road Transport - Commercial Ensure that the tachograph is working properly. Ensure that through the daily working period the mode button is used correctly to record other work, periods of availability, and rest and breaks. Take reasonable steps to protect their card from dirt and damage. Use only their own personalised driver card to record driving and other activities they undertake. Ensure that the card is not removed from the tachograph during the working day unless otherwise authorised. The rules are not specific on who can authorise removal of the card, but cases where cards can be removed include a change of vehicle, or where another driver will be using the vehicle during a break or rest period. On multi-manning operations ensure that their driver card is placed in the correct slot (slot 1 when they are acting as driver and slot 2 when co-driver on a double-manned journey), when they take over driving; Make their cards available for downloading by their employer; and Be able to produce at the roadside: Charts and any legally required manual records for the current day and the previous 28 calendar days; and the driver s digital smart card if they hold one. You will not automatically be sent a tachograph card you must apply for one. Call for details. There is no requirement to send a photograph with your application PAGE 63

66 Unite Professional DRIVERS handbook Section B Where it is impossible to use a driver card (e.g. where it has been lost, stolen or damaged or is malfunctioning) a driver may drive without the card for a maximum of 15 calendar days (or longer if this is necessary for the vehicle to be returned to its premises) provided that he produces two printouts one at the start of the journey and another at the end. Both printouts must be marked with: The driver s name or driver card or licence number, so the driver can be identified. Any manual entries needed to show periods of other work, availability, and rest or break; and The driver s signature. You must report the problem to DVLA and apply for a new card within seven calendar days. UTC the time set on a digital tachograph The internal clock of a digital tachograph is set to Universal Time Coordinated (UTC). The time displayed on the clock face can be set by the driver either to local time or to UTC. However, all data will be recorded by the VU on the time set by the integral clock, which operates on UTC this is the same as Greenwich Mean Time (GMT). You will need to remember that UTC is one hour behind British Summer Time (BST). So, between on the last Sunday in March and on the last Sunday in October drivers must account for the difference when manually inputting activity details in the digital tachograph. PAGE 64

67 Section B Road Transport - Commercial Manual records A digital tachograph offers the ability for a driver to enter activities carried out by him away from his vehicle. This is by means of the manual input facility offered by the instrument. A true manual written record will only be necessary if: The equipment or card malfunctions. Breach of rules due to unforeseen circumstances. Record reasons on a printout or the reverse of a portion of print roll, at the latest on arrival at the suitable stopping place. A record requires corrections Amend record on a printout or the reverse of a portion of print roll as soon as possible. There are four types of Tachograph card. The Driver Card, Company, Workshop and Control. Driver Card: Must be downloaded at least every 28 Days. Carried by the driver, if one has been issued, even when using an analogue tachograph vehicle. Company Card: Is used to retrieve information from the VU (vehicle unit) this information must be downloaded at least every 56 days. Workshop Card: Is used to calibrate the equipment, this card is PIN protected. Control Card: Issued to the Police and VOSA. Allows access to all information within the VU and any driver card that is inserted. PAGE 65

68 Unite Professional DRIVERS handbook Message Description Warning Message Section B Working Reference Number Reason for Occurring and Required Action to be Taken PAGE 66

69 Section B Road Transport - Commercial Message Description Warning Message Working Reference Number Reason for Occurring and Required Action to be Taken PAGE 67

70 Unite Professional DRIVERS handbook Section B VU Display Symbols PAGE 68

71 Section B Road Transport - Commercial Combinations PAGE 69

72 Unite Professional DRIVERS handbook Section B Daily print out from drivers card Vehicle ID including VIN, issuing member state and VRN Most recent calibration including the name of the workshop. The workshop card ID and date of calibration Time period that card was not inserted and manual entries Date and time in UTC Driver and card ID Identification of the unit Most recent control check (if checked) Date of activity and counter usage Activities whilst the card was inserted *indicates breaks of longer than than one hour Time period that a card was not inserted Summary List of five most recent events or faults on the driver card List of five most recent events of faults on the VU Handwritten information PAGE 70

73 Section C Road Transport - Commercial 3.1 SECURITY Largely due to improved fixed premises security systems and the escalating price of fuel, thieves are targeting goods vehicles. The lack of secure parking facilities aids these thieves. There are four main kinds of thieves: 1. PETTY This kind of thief will seize any opportunity to steal from you. They are unlikely to attempt stealing the whole vehicle or load, but very likely to steal a small part of the load or personal items such as a satellite navigation system from your cab. Occasionally the petty thief will steal identity documentation such as gate passes, driving license, etc and sell them on to professional thieves or terrorists. 2. OPPORTUNIST Similar to the petty thief, an opportunist thief will seize any opportunity to steal things. Unlike the petty thief, an opportunist thief is likely to steal the entire vehicle or the load. Generally the opportunist thief will actively seek opportunities rather than waiting for one to coincidently happen. They will know the best places to strike, such as lorry parks or delivery areas where drivers tend to leave vehicles unattended. 3. PROFESSIONAL The professional thief can operate with military special forces precision. Often their haul will be the result of weeks or months of planning. The professional thief does not always use violence or smash and grab techniques. A common method is to hustle drivers out of their loads. 4. TERRORIST Unlike the previous three thieves who are generally aiming for financial gain, terrorists are intent on stealing the vehicle or its load in order to inflict destruction and commit atrocities. PAGE 71

74 Unite Professional DRIVERS handbook Section C They may employ similar methods to a professional thief, except violence is usually more likely. As they are normally stealing the vehicle or its load to commit murders, the death of the driver will not deter them from the theft. Unite the union is currently working with both the government and industry to alleviate the lack of secure parking within the UK and to ensure safe, comfortable and high standard parking and facilities for its members. Basic steps to guard against theft include: Do not make yourself a predictable target. As far as possible do not use the same route or take breaks at the same places. Be cynical. Ask to see identification. If you arrive at site and are diverted always check with your employer if this is correct. Try not to park in unsecured areas. Look out in particular for: The smell of fuel This indicates that fuel theft may be common there. Broken or no lighting Often thieves deliberately break lights or target areas without adequate lighting. Remote locations Thieves often target lay-bys, industrial estates, etc that are normally uninhabited, dark and have no mobile phone signal. Check security devices and locks for signs of tampering or damage. Never give lifts. Never leave the vehicle with doors unlocked or with keys in the ignition. Do not have vehicle identity or independent immobilizing devices on the key ring. Never leave keys in hiding places on or near the vehicle. PAGE 72 Do not talk about loads or routes with strangers or within earshot of strangers.

75 Section C Road Transport - Commercial Conduct a full check of the vehicle whenever you return to it. At all times be vigilant. THE AROUND THE CORNER SCAM A thief, posing as an employee of the company you are delivering to, will stop you just outside of the delivery premises and explain to you that your delivery can not be made or will be delayed as, for example, the loading area is flooded. The thief will then tell you to go to an alternative delivery point. This delivery point will be, for example, an empty warehouse that the thief has broken into. You could hand over your load as you would at any legitimate delivery area. Be aware that you were stopped outside of the delivery area; you had not arrived on site, although it may appear as though you had. Whenever you are diverted to an alternative delivery point contact your employer and inform them. THE FALLEN OFF NUMBER PLATE Thieves will pull up close behind you, for example, in a lay by they will remove your registration plate and follow you as you leave. Pulling up the side of you they will attract your attention showing you your registration plate and pointing to damage, such as a broken windscreen, on their stolen car. Recognising your own registration and supposing that it has fallen off and damaged a member of the public s car, there is a good possibility that you will stop. If you do stop the thieves will generally use violence to take your vehicle. Do not stop. Call the police and explain the situation. If you are forced to stop keep the doors and windows locked shut until the police arrive. PAGE 73

76 Unite Professional DRIVERS handbook Section C THE BOGUS OFFICIAL As the UK has several different county police forces it is difficult for a UK wide driver to identify with any accuracy how a police or even VOSA vehicle should look. Unmarked vehicles make this even more difficult. If you are suspicious of the validity of a police or VOSA officer do not stop, call the police and explain the situation. If you become suspicious after being stopped shut and lock your doors and windows conducting conversation from behind the window. Ask for the officers name, number and station along with the reason why you have been stopped. Explain to the officer that you are verifying their identity and advise them to contact their control center. Call 999 and give them the details. A legitimate officer will inform their control room. The 999 operator can then confirm if it is legitimate. THE BRICK BETWEEN THE WHEELS Whilst you are having a break, normally away from the vehicle or taking a nap, a thief will shove a house brick between the twin tyres on the nearside drive axle. As soon as you drive away you will become aware of the noise/vibration created by the wedged brick. The thief will normally be waiting for you in the next lay by. You will pull in and get out of your vehicle to see what the problem is; generally you may think that you have a puncture. As you are only getting out to briefly check it is common to leave the engine running or at least the keys in the ignition. As you approach the nearside of the vehicle the thief approaches the offside and simply climbs in and drives the vehicle away. Never leave keys in the vehicle when you are not in it, even if it is for a very short period PAGE 74 THE WHERE S YOUR NEXT DROP Sometimes dishonest on-site security guards, people posing as census operators or drivers in cafes making conversation with you will attempt to find information regarding your load, destination and route.

77 Section C Road Transport - Commercial Once this information is obtained, bearing in mind that some simply hang around transport cafes listening to drivers conversations, the thieves now have sufficient information to carry out either a hustle style robbery such as the road the corner scam or may purposely target you knowing that you have a valuable load on board and the route that you will be taking. Never talk about your load, route, destination or overnight plans with anybody not already known to you or that is involved within the particular transport operation. Never talk about the above, even with someone trusted, if anyone else is capable of hearing your conversation. 3.2 STOPPING, PARKING, LOADING AND UNLOADING Being stopped: You MUST obey signals given by police officers, traffic officers, traffic wardens and signs used by school crossing patrols. [Laws RTRA sect 28, RTA 1988 sect 35, TMA 2004 sect 6, & FTWO art 3] Police stopping procedures. If the police want to stop your vehicle they will, where possible, attract your attention by: Flashing blue lights, headlights or sounding their siren or horn, usually from behind. Directing you to pull over to the side by pointing and/or using the left indicator. You MUST then pull over and stop as soon as it is safe to do so. Then switch off your engine. [Law RTA 1988 sect 163] Vehicle & Operator Services Agency Officers have powers to stop vehicles on all roads, including motorways and trunk roads, in England and Wales. They will attract your attention by flashing amber lights PAGE 75

78 Unite Professional DRIVERS handbook Section C Either from the front requesting you to follow them to a safe place to stop; or From behind directing you to pull over to the side by pointing and/or using the left indicator. It is an offence not to comply with their directions. You MUST obey any signals given. [Laws RTA 1988, sect 67, & PRA 2002, sect 41 & sched 5(8)] Highways Agency Traffic Officers have powers to stop vehicles on most motorways and some A class roads, in England only. If HA traffic officers in uniform want to stop your vehicle on safety grounds (e.g. an insecure load) they will, where possible, attract your attention by: Flashing amber lights, usually from behind. Directing you to pull over to the side by pointing and/or using the left indicator. You MUST then pull over and stop as soon as it is safe to do so. Then switch off your engine. It is an offence not to comply with their directions [Law RTA1988, sects 35 &163 as amended by TMA 2004, sect 6] PAGE 76 Parking If you have to stop on the roadside: Do not park facing against the traffic flow. Stop as close as you can to the side. Do not stop too close to a vehicle displaying a Blue Badge remember, the occupant may need more room to get in or out. You MUST switch off the engine, headlights and fog lights You MUST apply the handbrake before leaving the vehicle. You MUST ensure you do not hit anyone when you open your door check for cyclists or other traffic. It is safer for your passengers to get out of the vehicle on the side next to the kerb. Put all valuables out of sight and make sure your vehicle is secure.

79 Section C Road Transport - Commercial Lock your vehicle. [Laws CUR reg 98, 105 & 107, RVLR reg 27 & RTA 1988 sect 42] You MUST NOT stop or park on: The carriageway or the hard shoulder of a motorway except in an emergency. A pedestrian crossing, including the area marked by the zig-zag lines. A clearway. Taxi bays as indicated by upright signs and markings. An urban clearway within its hours of operation, even when a broken white line is on your side of the road, except to pick up or set down passengers. A road marked with double white lines, except to pick up or set down passengers. A tram or cycle lane during its period of operation. A cycle track. Red lines, in the case of specially designated red routes, unless otherwise indicated by signs. Any vehicle may enter a bus lane to stop, load or unload where this is not prohibited. [Laws MT(E&W)R regs 7 & 9, MT(S)R regs 6 & 8, ZPPPCRGD regs 18 & 20, RTRA sects 5, 6 & 8, TSRGD regs 10, 26 & 27, RTA 1988 sects 21(1) & 36] You MUST NOT leave your vehicle or trailer in a dangerous position or where it causes any unnecessary obstruction of the road. [Laws RTA 1988, sect 22 & CUR reg 103] DO NOT stop or park: Near a school entrance. Anywhere you would prevent access for Emergency Services. At or near a bus or tram stop or taxi rank. On the approach to a level crossing or tramway crossing. PAGE 77

80 Unite Professional DRIVERS handbook Section C Opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space. Near the brow of a hill or hump bridge. Opposite a traffic island or (if this would cause an obstruction) another parked vehicle. Where you would force other traffic to enter a tram lane. Where the kerb has been lowered to help wheelchair users and powered mobility vehicles. In front of an entrance to a property. On a bend. Where you would obstruct cyclists use of cycle facilities. except when forced to do so by stationary traffic. Goods vehicles. Vehicles with a maximum laden weight of over 7.5 tonnes (including any trailer) MUST NOT be parked on a verge, pavement or any land situated between carriageways, without police permission. The only exception is when parking is essential for loading and unloading, in which case the vehicle MUST NOT be left unattended. [Law RTA 1988 sect 19] Loading and unloading. Do not load or unload where there are yellow markings on the kerb and upright signs advise restrictions are in place. This may be permitted where parking is otherwise restricted. On red routes, specially marked and signed bays indicate where and when loading and unloading is permitted. [Law RTRA sects 5 & 8] Parking at night You MUST NOT park on a road at night facing against the direction of the traffic flow unless in a recognised parking space. [Laws CUR reg 101 & RVLR reg 24] PAGE 78 All vehicles MUST display parking lights when parked on a road or a lay-by on a road with a speed limit greater than 30mph (48km/h). [Law RVLR reg 24]

81 Section C Road Transport - Commercial Cars, goods vehicles not exceeding 1,525kg unladen weight, invalid carriages, motorcycles and pedal cycles may be parked without lights on a road (or lay-by) with a speed limit of 30mph (48km/h) or less if they are: At least 10 metres (32 feet) away from any junction, close to the kerb and facing in the direction of the traffic flow. In a recognised parking place or lay-by. Other vehicles and trailers, and all vehicles with projecting loads, MUST NOT be left on a road at night without lights. [Laws RVLR reg 24 & CUR reg 82(7)] 3.3 O LICENCE Any business that operates lorries, vans or other goods vehicles with a gross plated weight of over 3,500 kilograms or, if it has no gross plated weight, an unladen weight of more than 1,525 kilograms, will need a good's vehicle operator's licence. Referred to as the O Licence. Three kinds of operator's licence are available. Restricted the licence holder can carry their own goods within the UK. Standard national the holder can carry both their own goods and goods for others within the UK. Standard international the holder can carry their own goods and goods for others both in the UK and on international journeys. In order to obtain a standard operator s licence one or more CPC holders will be required, however no CPC holder is required for a restricted operator s licence. Each Operator s Licence is subject to five yearly reviews. A licence can only be terminated if the operator surrenders it, if he fails to pay the correct fees on time, or if it is revoked by the Traffic Commissioner. PAGE 79

82 Unite Professional DRIVERS handbook Section C Before an O Licence is issued, the Traffic Commissioner must be satisfied that the applicant is a suitable person/company to hold an O Licence Great Britain is divided into eight traffic areas, with a Traffic Commissioner issuing licences for each area. An operator operating in more than one traffic area, you will need to apply for an operator's licence in each one. 3.4 INSURANCE It is advisable to find out what insurance your employer has in place. Simply assuming that they are adequately covered for all eventualities can be a very costly mistake. Legally employers must insure that their vehicles and drivers are insured, however some companies take the cheaper insurance option and only provide third party, or third part fire and theft insurance. This type of insurance normally replaces the vehicle or compensates a third party for damage caused to theirs. It may not, normally, provide financial assistance to the driver for loss or injury. It is also advisable to check other insurance related items such as: Are you covered for loss of personal items, such as if you cab is broken in to. Is their sufficient cover for any injury caused during loading or unloading. Even with a good insurance policy insurers may not process a claim where: The incident is regarded as an act of god, therefore there is no third party to claim against. The vehicle is incorrectly maintained or otherwise not in a roadworthy condition. PAGE 80

83 Section C Road Transport - Commercial 3.5 VEHICLE CHECKS Your vehicle, including trailer, must be in good and legally compliant condition when driven. Driving with defective equipment can cause fines, prohibitions and of course increases the chances of accidents and incidents taking place. Be aware that even though your employer is responsible for maintenance of the vehicle you can also be prosecuted for driving a defective vehicle. You should always conduct a thorough check of your vehicle prior to use. This should include checking any vehicles or trailers used throughout the working day. A thorough check should include: BRAKES Check that the service brake operates both the tractor and trailer (where applicable) brakes; and the parking brake for the tractor is operational. A good check can be done by listening for the air releasing from the tractor and the trailer or by asking a colleague to watch the trailer brakes operating as you press the pedal. Check that the service brake pedal does not have excessive side play or missing, loose or incomplete anti-slip provision; and the trailer parking brake works by operating it as you do the walk around check Ensure that brake couplings, if applicable, are free from debris and located properly; there are no leaks from the lines themselves; and there is no bulging, kinking, corrosion, stretching, chafing or general damage/wear to any brake lines. If the engine is left running until pressure has built up after the initial brake test, it will be easier to hear leaks as the rest of the walk around test is carried out. PAGE 81

84 Unite Professional DRIVERS handbook Section C STEERING Check steering for excessive play. When checking for leaks underneath vehicle, check the major steering components to ensure that they are present and undamaged. LIGHTS, REFLECTORS AND INDICATORS Check that all lights and indicators work correctly; all lenses are present, clean and are of the correct colour. Stop lamps come on when the service brake is applied and go out when released. Marker lights are present and work (where applicable); and all dashboard warning lamps work correctly (e.g. the ABS warning lamp, full headlamp warning lamp, parking brake warning lamp, etc.). Check that the reflectors are not: Obscured. Missing. Broken. The wrong colour. TYRES, WHEEL FIXING AND SPRAY SUPPRESSION Check as much of each tyre/wheel as you can see. There must be: Minimum tread depth of 1mm. Sufficient inflation of each tyre. No deep cuts in the sidewall. No cord visible anywhere on tyre. No missing or insecure wheel-nuts. PAGE 82 Check that spray suppression flaps are: Fitted (where required). Stiff and secure. Undamaged. Not clogged with mud or debris.

85 Section C Road Transport - Commercial WINDSCREEN, MIRRORS AND GLASS Check that all mirrors that should be there are aligned properly and are secure. Check that your view of the road (especially it the driver's side swept area) isn't obscured by damaged/discoloured glass or obstructions (stickers, etc.). Check that the side windows are not damaged or discoloured in a way that obscures the view to a mirror. Check that wipers move continually when switched on, wiper blades are not so deteriorated that they don't clear the screen effectively when used with washers and washers point at screen and are operational. EXTERIOR Check that all fastening devices are present, complete, secure and in working order. Cab doors and trailer doors are secure when closed. No body panels on tractor unit or trailer are loose and in danger of falling off. No landing legs, where fitted, are likely to fall from the vehicle. Check that electrical connectors are all visible, wiring is insulated and is not in a position where it's likely to get chafed and all electrical switches operate their components correctly. Check that the exhaust doesn't emit excessive amounts of smoke. With engine on, check underneath vehicle for any leaks of fuel/oil and that fuel filler cap is properly located. If leaks are detected that aren't fuel or oil, trace the cause (i.e. power steering fluid, water, etc.). Check that the battery is held securely in place by the correct means, not by its cables and is not leaking. PAGE 83

86 Unite Professional DRIVERS handbook Section C The battery must be replaced if it is leaking. Check that marker boards are: Present if the type of vehicle requires them. Not obscured by dirt or other objects. Securely fastened. The correct type. Clearly visible. If using coupling devices check the trailer is located correctly in the fifth wheel and the security bar is in the correct position for its use. Check that any load is secured adequately and any container has an effective secondary locking device fitted. HORN Check that the horn control is easily accessible from driver's seat and that the horn unit works when control is operated. You must not sound the horn when the vehicle is stationary or between and hours in built up areas, except in an emergency. 3.6 VEHICLE TESTING Most commercial vehicles will need to pass annual tests to ensure that they are roadworthy and comply with all the relevant regulations. These tests can be carried out at Vehicle and Operator Services Agency (VOSA) test stations or at other private 'designated premises' or 'Authorised Testing Facilities' approved by VOSA. PAGE 84 Specialist tests may be required if you want to take a lorry abroad, qualify for a reduced pollution certificate or carry dangerous or hazardous goods. Most lorries, trailers and buses must have annual tests from one year after the date of first registration.

87 Section C Road Transport - Commercial Goods vehicles that require an HGV annual test include: Vehicles with a gross weight of more than 3,500 kilograms (kg) All motor vehicles which form part of an articulated vehicle. Semi-trailers. Converter dollies. Trailers with an unladen weight over 1,020kg. Lighter commercial vehicles require an MOT test Special tests Transports Internationaux Routiers (TIR) The TIR test ensures a vehicle can carry goods outside of the EU without customs inspecting the load at border crossings. Vehicle weight replating This test allows a vehicle to be legally replated to increase or decrease its maximum carrying capacity. 3.7 VEHICLE LOADING When a vehicle changes direction cornering on roundabouts, overtaking etc friction is not enough to stop unsecured cargo from moving. It is wrong to assume that the weight of the load will keep it in position. In fact heavier loads are more likely to move when the vehicle is in motion due to their kinetic energy being greater. Under heavy braking the weight acting in a forward direction can be equal to that acting down on the vehicle. PAGE 85

88 Unite Professional DRIVERS handbook Section C The forces acting on the load during braking increase with the rate of deceleration and the weight of the load. So, when the vehicle brakes the load will want to continue to move in its original direction. The heavier the load and the harder you brake, the more the load will try to move. Friction alone cannot be relied upon to keep the load in place. When the vehicle is moving, vertical movement caused by bumps will reduce any restraining force due to friction. This can reduce to zero if the load even momentarily leaves the bed of the truck. It requires much more force to stop a load that has started moving than it does to prevent movement in the first place. This battering ram effect increases rapidly with the increase in distance through which the load moves relative to the vehicle. It is essential therefore that the load is restrained in such a way that movement of the load on the vehicle is prevented. The basic principle upon which this advice is based is that the combined strength of the load restraint system must be sufficient to withstand a force not less than the total weight of the load forward, so as to prevent the load moving under severe braking, and half of the weight of the load backwards and sideways. Vertical movement may occur but this should be overcome if the above conditions are met. This applies to all vehicles no matter what the size, from small vans to the largest goods vehicles. These principles are based on the maximum forces that are likely to be experienced during normal road use. Greater forces may be encountered if the vehicle, for example, is involved in an accident. The principles should therefore be regarded as minimum requirements. Forward motion 100 per cent of the load weight Rear and sideways motion 50 per cent of the load weight PAGE 86 It is the vehicle operator s responsibility to provide suitable vehicles and securing equipment for each load carried and to ensure that drivers and loading staff are competent and have received sufficient instruction in its use.

89 Section C Road Transport - Commercial It is the driver s duty to check and ensure that the load is adequately secured at all times, not just at the start of the journey. This is especially true after a violent manoeuvre such as heavy braking or swerving. It should be noted that with certain bed materials such as aluminium, frictional forces helping to restrain the load could be lower than expected, this is also true if the bed is wet. The design and construction of the vehicle and its bodywork should be suitable for the loads that it is likely to carry, particularly in terms of the characteristics and strengths of the materials used. Anti corrosion treatments of load bearing components are highly desirable. When a vehicle is to be carried on a ship, as in ferry operations, provision should be made for the extra load restraint needed and for chassis anchorage points to secure the vehicle to the deck. The maximum expected load on the vehicle floor should be known so that the floor itself and the section and spacing of supporting crossbeams is sufficient. Strength calculations should account not only for the load itself but also any extra forces due to the loading method, e.g. the use of forklift trucks on the floor during loading and unloading. It is a legal requirement that the maximum permitted axle and gross weight limits are not exceeded. Where a part of the load is to be picked up or removed in the course of a journey, the effect on gross weight, individual axle weights and on the securing and stability of the load must not be overlooked. Although removal of part of the load will reduce the gross vehicle weight the change in weight distribution may cause individual axles to become overloaded, (commonly referred to as the diminishing load effect). This should be considered when loading. The load should be placed in contact with a headboard. Where this is not practicable then additional means of securing must be used. Possible methods include: a) Effectively moving the headboard rearwards, i.e. fitting an obstacle across the vehicle platform which should be firmly attached to the chassis frame. PAGE 87

90 Unite Professional DRIVERS handbook Section C b) Blocks, scotches, bolsters or wedges to prevent individual items of a load moving in any direction. Care must be taken to ensure that these are adequately secured to the vehicle platform. c) Additional lashing. d) In the case of a van, straps secured to the vehicle body should be used. In order to achieve maximum vehicle stability the load should be placed so that the centre of gravity is kept as low as practicable and near to the vehicle s centre line. This means that, where possible: a) The load should be spread to give an even weight distribution over the whole floor area. b) The heavier items should be placed nearer to the centre line of the vehicle and the lighter ones towards the sides. c) When a load is stacked the lower packages should be strong enough to support the others when the vehicle is braking, cornering or accelerating. Light Load Heavy Load d) When a load is stacked the larger and heavier items should be placed at the bottom. e) Heavy loads in small dimensions should be distributed across the vehicle platform using load spreading devices. PAGE 88

91 Section C Road Transport - Commercial Anchoring Points It is common practice to use the rope hooks found on most platform vehicles, welded or bolted to the underside of the side rail or outriggers, as the anchor points for the load restraint systems. Rope hooks should not be used to anchor loads. Rope hooks are not subject to constructional standards, and so they vary in strength, size and material content and are rarely designed to withstand forces exceeding about tonnes. Many fall far short of this strength being so weak that they can be distorted by applying a ratchet buckle to tighten a webbing strap. For this reason it is desirable to equip vehicles, particularly those with platform bodies, with dedicated load anchorage points. These should be designed and integrated into the structure so that the forces imposed on them are transmitted to the main chassis frame of the vehicle. Lashing points should comply with British Standard BS EN 12640:2001. Anchorage Points should: Be rated at 0.5, 1.0, 2.0 tonnes and upwards. Indicate on the vehicle the capacity of the anchor point. Transmit forces on to the main structure of the vehicle. Be firmly attached directly to the chassis or on to a metal cross piece or outrigger. Sufficient load anchorage points should be provided. The sum of the capacity of the anchorage points on both sides of the vehicle (assuming that they are evenly distributed) should not be less than the maximum rated load of the vehicle. There should be a minimum of three on each side. Thus a 3.0 tonne rated load would require at least three per side each of 0.5 tonne capacity. PAGE 89

92 Unite Professional DRIVERS handbook 2 Axel Vehicles Body Length Minimum 3.6 m (12 feet) 3.6 m 4.9 m (16 feet) 4.9 m 6.1 m (20 feet) 6.1 m 7.3 m (24 feet) Section C Minimum number of 0.5 tonne anchorage points Payload (Tonnes) to 4 Axle Vehicles Body Length Minimum number of 0.5 tonne anchorage points Minimum 5.5 m (18 feet) 5.5 m 7.3 m (24 feet) 7.3 m and above Payload (Tonnes) For vehicles carrying heavy concentrated loads on a regular basis it is preferable to have purpose built heavy duty anchorage points let into decking/side raves at a joined cross member Trailers should also conform to the above weight/length dimensions for securing points PAGE 90 A headboard, when fitted, can be treated as part of the load restraint system provided: a) It is capable of withstanding a horizontal force uniformly distributed over its vertical area equal to at least half the rated payload of the vehicle. b) The width is equal to the width of the loading platform unless the type of load permits a narrower headboard. It should however not be less than the width of the cab. c) The height is sufficient to obstruct forward movement of the type of load that the vehicle is designed to carry unless adequate load restraint is provided by other means.

93 Section C Road Transport - Commercial d) It does not have apertures large enough to allow penetration by any part of the load. Large apertures to aid the driver s vision should be covered with a steel mesh or similar material that is equal in strength to the rest of the headboard. e) For loads such as metal bars, beams, girders, sheet metal etc. which could penetrate the cab in the event of failure of the securing devices, the headboard must be adequately reinforced to resist damage from individual elements of the load. If carriage is being made in a closed van with an integral cab/load area a bulkhead must be fitted, between the load compartment and the cab. Such a bulkhead should afford adequate protection to cab personnel and should be designed to resist a uniformly distributed horizontal force of at least half the weight of the load. Load securing equipment All equipment used for securing loads should be regularly inspected for wear or damage. Special attention should be paid to webbing and rope to ensure that there is no visible deterioration due to constant use, such as fraying of the strands. They should also be inspected to ensure that they have not been cut or damaged in any other way through misuse. Steel wire rope made up into special straps or slings is suitable for securing a load when used in conjunction with other devices such as shackles and thimbles. Wire ropes must have a safe working load compatible with the requirements of the load being carried. Recommendations for the minimum breaking load of various sizes and types of wire rope are contained in BS 302, BS 1290 gives safe working loads for wire rope slings, and BS 6210 is a Code of Practice for wire rope slings. Wire ropes having a diameter of less than eight millimeters will not be suitable for load restraint purposes. Wire ropes should be free from rust and must not be used if they show evidence of weakening such as broken wires or strands. Other coupling equipment used with wire rope must be of corresponding quality and strength. PAGE 91

94 Unite Professional DRIVERS handbook Section C Chains are suitable for lashing loads when used in a similar manner to steel wire ropes. Three properties determine the strength of a chain; the length of its links, the thickness of its links and the quality of the metal used. The longer the link the more susceptible the chain is to damage. Long links can easily be deformed if they are tensioned over a corner. The chain used should be compatible with the requirements of the load carried. Where necessary strong packing or bevelled sections should be used on corners or sharp edges which prevent damage to the ropes and chains and also increase the radius around which they bend, thus increasing their effective strength Webbing assemblies are suitable for securing many types of load. They usually consist of a webbing strap with some form of end fittings and incorporate a tensioning device. It is recommended that assemblies manufactured to BS 5759 are used. These are marked with a Rated Assembly Strength (RAS) which should never be exceeded. Webbing made from polyester, polyamide or polypropylene may be used. Polyester loses a little strength when wet, is highly resistant to moderate strength acid but can be damaged by alkali. Polyamide may lose up to 15 per cent in strength when wet, is highly resistant to alkalis but can be damaged by moderate strength acids. Polypropylene is useful where chemical resistance is a requirement. Nets securing or retaining some types of load may be constructed from webbing straps or ropes of either natural or man-made fibres or steel wire. Webbing nets are generally used as barriers to divide the load space into compartments. Rope or cord nets may be used to secure loads either to pallets or direct to the vehicle as the primary restraint system. Lighter nets can be used to cover open bodied vehicles and skips when the type of load makes it unnecessary to use a sheet. PAGE 92

95 Section C Road Transport - Commercial Rope used for securing loads should preferably be manufactured from polypropylene, polyester, sisal or manila. Polyamide (nylon) ropes are not suitable, as they tend to stretch under load. Ropes should be of three strand construction and must have a minimum nominal diameter of at least 10 millimeters. The ends of the rope should be spliced or otherwise treated to prevent fraying. Rope should be selected having regard to the maximum loading to be imposed in each lashing and it is recommended that ropes manufactured to BS EN699:1995, 697:1995 or 698:1995 should be used. The manufacturer on an attached label or sleeve should indicate the maximum rated load for these ropes. Knots and sharp bends will reduce the effective strength of rope and the strength of sisal or manila rope is also likely to be reduced by water saturation. Wet ropes should always be allowed to dry naturally. Banding (steel or plastic), commonly used for binding loads together, is not an adequate method for securing loads to vehicles. Load restraint is generally provided by a combination of three methods: 1. Lashings attached to the vehicle anchorage points. 2. Bulking arrangements such as the headboard or bulkhead. 3. Friction between the load and the vehicle platform. It is normally appropriate to obtain most load restraint from (1) with additional restraint only from (2) and (3) only ever regarded as a bonus. Fabric sided vehicles (curtain siders) will normally require additional restraints. Unless they are purposely designed for a specific load, the curtains of curtain-sided vehicles MUST NOT be considered as part of any load restraint system. They are provided to contain rather than to restrain the load and should be considered as weather protection only. If the curtains have been designed as a restraint system then the load capability should be clearly marked, if no mark can be seen then it should be assumed that the curtains have no load bearing function. Similarly, where vertical inner curtains are fitted and they are not purposely designed for a specific load, they also MUST NOT be considered as part of the load restraining system. They should be considered purely as a means of containing any small, loose items that may have become dislodged during the journey. PAGE 93

96 Unite Professional DRIVERS handbook 3.8 WEIGHTS Section C Weight, size or unsecured loads can lead to prohibitions or fines of up to 5,000. This, in minor offences, may involve the graduated fixed penalty scheme that will allow fines of up to 200. It is essential to know your gross vehicle weight limit and your axel weight limits and ensure that neither are exceeded. There are three weights relevant to your vehicle: 1. Tare Weight The weight of the empty vehicle. 2. Net Weight This is the weight of the load. 3. Gross Weight This is the combined weight of the vehicle and the load. Currently the maximum gross vehicle weight In the UK is 44 tonnes, which is the combined weight of the vehicle, load and fuel, provided that the vehicle has six axles. Goods vehicles must carry either a manufacturer's plate or a Department for Transport plate which displays the vehicle's maximum permitted axle weight and gross vehicle weight. Weights are shown in kilograms (kg). The Road Vehicles (Authorised Weight) Regulations 2000 permitted the introduction of 44 tonne, six axle vehicles from February Current weight limits For rigid vehicles: tonnes two axle vehicles have a weight limit of 18 tonnes tonnes the limit for three axle vehicles with road friendly suspension and twin tyres on the drive axle is 26 tonnes and without road friendly suspension is 25 tonnes. Over 25 tonnes four axle vehicles have a weight limit of 32 tonnes. PAGE 94

97 Section C Road Transport - Commercial For articulated vehicles: Up to 33 tonnes four axle vehicles have a weight limit of 36 tonnes. Over 33 tonnes five axle vehicles have a weight limit of 40 tonnes. Six axle vehicles have a limit of 44 tonnes if they have road friendly suspension, twin tyres on the drive axle and a low emission engine. Most foreign vehicles coming to the UK have two axles on the tractor and three on the trailer, which limits them to a weight of 40 tonnes both here and in their home state. The maximum individual truck length is 12 metres, articulated truck and trailer length is 16.5 metres and road trains are allowed up to metres. The maximum width for all is 2.55 metres. If a vehicle has an overall height of 3 metres or above, a notice is required must be displayed in the cab showing its full height. 3.9 EUROPEAN DRIVING Several European Union countries impose restrictions on the times and days when heavy goods vehicles can be driven on public roads. There is no general European standard. There is a wide variation in how long the restrictions last, when they start and finish, the types of vehicle covered and exemptions from the restrictions. France, Spain and Italy have a general ban on the movement of vehicles with a maximum gross weight of 7.5 tonnes on Sundays and during public holidays. In addition to general restrictions and bans, some countries have limitations on specific roads and types of road during certain times of the year. For example, certain Alpine countries impose limited restrictions during winter months. PAGE 95

98 Unite Professional DRIVERS handbook Section C If you take a UK-registered vehicle out of the country for less than 12 months, you must take documentation to show that you are authorised to possess the vehicle. This means you must carry the original Vehicle Registration Document (VRD) form V5 or Vehicle Registration Certificate (V5C) with you. If the vehicle is hired or leased, the supplier company is unlikely to release the original VRD. The alternative is to obtain a Vehicle on Hire Certificate (VE103), which can be carried instead. If the vehicle is going abroad for more than 12 months then DVLA must be informed. Every motor insurance policy issued in the EU must provide the minimum insurance cover required by law in any other EU country. In many countries, even those within the EU where a UK insurance certificate is acceptable, you may be asked to produce a Green Card. The Green Card is not an insurance cover. It simply provides proof, in those countries where the Green Card is valid, that the minimum third party liability cover required by law in the visited country is in force. In some countries, you may need to produce a certificate of insurance for the goods carried to avoid paying a premium. The standard international O Licence allows you to carry goods both in the UK and on international journeys. Operators and hauliers who are issued with international licences also receive European Union Community Authorisations. A valid, certified blue copy is required for all hire or reward operations in or through EU countries. They have replaced the need for community permits, bilateral permits between member states and permits for transit traffic through the EU. They do not replace permits for travel to or through non-eu countries where these are still required. PAGE 96

99 Section C Road Transport - Commercial Identity discs are also issued and must be displayed in each specified motor vehicle. The identity discs show the: Operator s name. Vehicle registration mark. Operator s licence number. Disc expiry date. Type of licence. Rules on vehicle tax vary from country to country UK registered goods vehicles are exempt from taxes on 'circulation or possession' similar to UK vehicle tax in those countries with which the UK has a bilateral agreement. Apart from such exemptions, goods vehicles are subject to the vehicle taxation system of any country through which they travel. The amount of tax you have to pay may vary from time to time and from country to country. Presently, the following countries levy charges at varying levels on visiting foreign vehicles using their roads Albania, Austria, Belarus, Belgium, Bulgaria, Czech Republic, Denmark, Germany, Jordan, Luxembourg, Netherlands, Poland, Sweden, Switzerland and Turkey. PAGE 97

100 Unite Professional DRIVERS handbook Section C All vehicles registered in the UK must display the international registration letters GB on the rear of the vehicle when taken temporarily abroad, however, UK registered vehicles displaying Euro-plates no longer need to fix a GB sticker to the rear of their vehicle when driving in European Union countries. In non-eu countries, a GB sticker must still be displayed on the rear of UKregistered motor vehicles, caravans or trailers. In addition to the Euro symbol or GB sticker, drivers and keepers of vehicles registered in Great Britain are also permitted to voluntarily display national flags and certain identifiers on their number plates. GB

101 Section D Road Transport - Commercial 4. DANGEROUS GOODS The carriage of dangerous goods is regulated by the ADR [European Agreement Concerning The Carriage Of Dangerous Goods By Road]. However certain loads are exempt from this. Total exemption (provided measures have been taken to contain any leakage) include: Private Individuals Goods packaged for retail sale and intended for personal or domestic use or leisure or sporting activities. Note that for flammable liquids in refillable receptacles the maximum quantity must not exceed 60 litres per receptacle and 240 litres per transport unit. The Carriage of Machinery or Equipment, which happen to contain dangerous goods in their internal or operational equipment. Ancillary to main activity such as survey, repair and maintenance. Emergency Response or under the supervision of competent authorities. Relevant to breakdown vehicles carrying vehicles containing dangerous goods. These should be moved to the nearest available safe place. Emergency Transport intended to save human life or to protect the environment. Carriage of Liquid Fuels contained in the tanks of a vehicle for the propulsion of the vehicle or the operation of its equipment. The total capacity of the fixed tanks shall not exceed 1500 litres per transport unit and the capacity of a tank fitted to a trailer shall not exceed 500 litres. A maximum of 60 litres may be carried in portable fuel containers. Fuel contained in the tanks of vehicles, for its propulsion or operation of its equipment, where the vehicle is carried as a load. Other exemptions are given for dangerous goods carried in packages. Generally retailers are careful not to exceed certain limits known as Limited Quantities this is the reason supermarket vehicles carrying such things as aerosols, bleach, alcohol, nail varnish remover, etc do not show the orange plates that are required when a vehicle is subject to regulations. PAGE 99

102 Unite Professional DRIVERS handbook Section D Provided that the inner packaging is below a level set out within ADR relating to the dangerous goods being carried and that if: a) Carried in a combination package i.e. the inner package inside an outer package such as a cardboard box, the total weight of the package does not exceed 30kg, or b) Carried within a stretched or shrink wrapped tray the total weight of the tray does not exceed 20kg. The package will not be subject to ADR regulations; therefore a load consisting of these packages regardless of quantity will not be subject to regulations. If, however, your vehicle has a maximum mass exceeding 12 tonnes and you are carrying eight tonnes or more of limited quantity goods you must show the limited quantity placards (min 250mm) on the front and rear of the vehicle. These are not shown if you are already showing the orange plates when subject to regulations. You should also have, at least, received a form of training regarding dangerous goods to carry goods in limited quantities. Packages such as IBC s, drums, jerry cans, etc that are greater than the limited quantity allowances may still be carried without being fully subject to regulations. ADR assigns all dangerous goods a Transport Category based on the degree of danger they present. There are five (TC) categories ranging from 0 being the most dangerous to 4 being the least dangerous. Provided the threshold limit on a vehicle is not greater than the table below the vehicle will not be fully subject to ADR regulations. Solids, liquefied gases, refrigerated liquefied gases and dissolved gases are measured in kg. Liquids and compressed gases are measured in litres. PAGE 100 If more than one transport category is being carried then a calculation based on a threshold of 1000 must be made. Any amount of TC1 is times by 50, TC2 times 3 and TC3 times 1 (the amount). For example:

103 Section D Road Transport - Commercial Transport Category Threshold Limit 0 Any amount will be subject to regulations 1 20 litres or kg s 2 33 litres or kg s litres or kg s 4 No amount will be subject to regulations If a vehicle was carrying 200 litres of a Transport Category 2 product and 200 litres of a Transport Category 3 product, it would not be subject to regulations. 200 x 3 (transport category 2) = x 1 (transport category 3) = 200 Total of = 800 Some regulations will still need to be complied with. These include: The requirement to carry at least a 2kg fire extinguisher. Fire extinguisher rules. A form of dangerous goods training will be required. Drivers or assistance may not open packages (some exemption for UK). Portable lighting apparatus shall not produce sparks. Prohibition on smoking. Supervision rules if applicable. Requirements for certain substances transported under temperature control. PAGE 101

104 Unite Professional DRIVERS handbook Section D Outside of these exemptions if you are carrying dangerous goods you will need an ADR Driver Training Certificate. Unite the union can provide discounted ADR training courses for members via Altrain ADR (see advert). ADR 2011 states drivers of vehicles carrying dangerous goods shall hold a certificate issued by the competent authority stating they have participated in a training course and passed an examination on the particular requirements that have to be met during the carriage of dangerous goods. There are two modes according to ADR. These are goods in tanks and goods other than in tanks. There are nine classes of dangerous goods. You will need to know what requirement you need; for example a petrol tanker driver will need Goods in tanks with class 3 flammable liquids. Generally however most drivers opt to take Core, Goods in Tanks, Goods other than in tanks and seven of the nine classes as class 1 (explosive) and class 7 (radioactive) are specialist and not ordinarily considered to be part of a standard full ADR. A consignment is subject to ADR when it, not necessarily the driver, goes through two or more member states. There are currently 46 member states of ADR. If the consignment starts and ends with the UK it will be subject to UK domestic regulations (CDG carriage of dangerous goods and transportable pressure equipment regulations). There are very few differences between the two, however a major difference is the way that we mark up tank vehicles. In the UK we use an emergency action code, whereas other ADR member states use the HIN (Kemlar Code). The UK Emergency Action Code is made up from two to three digits. A number advising the emergency services which fire extinguishing agent to use. A letter giving advice regarding dangers of explosion, correct PPE and whether a spillage may be diluted and possibly a second letter which if used will be E advising the emergency services to consider evacuating the area. PAGE 102 Identity of the Dangers it must be possible to identify the type and degree of danger concerning the dangerous goods being carried. The 4 figure UN Number identifies the individual or generic group of substances or articles.

105 Section D Road Transport - Commercial The Class describes the main danger and the packing group and transport category display the degree of danger. UN Numbers are a four-digit number. These numbers are used to identify dangerous substances and articles. Several methods are used to assign UN numbers. Single entries for well-defined substances and articles i.e. UN1090 ACETONE. Generic entries for well-defined groups of substances and articles i.e. UN 1266 PERFUMERY PRODUCTS Not Otherwise Specified. Divided into two types. Some cover a group of substances of a particular nature i.e. UN1987 ALCOHOLS, N.O.S. Some cover a group of substances that have one or more dangerous properties i.e. UN 3286 FLAMMABLE LIQUID, TOXIC, CORROSIVE, N.O.S. Packing Groups are assigned in accordance with the degree of danger. Packing groups are allocated by use of set criteria for each class of dangerous goods. It is not possible to apply criteria for every class therefore classes 1, 2, 5.2, 6.2 and 7 do not have packing groups. PACKING GROUP I: PACKING GROUP II: PACKING GROUP III: Substances presenting high danger. Substances presenting medium danger. Substances presenting low danger. PAGE 103

106 Unite Professional DRIVERS handbook R 1824 Section D Emergency Action Code 2 UN Number 3 Specialist Advice Number 4 Class Placard 5 Logo or Blank Emergency Action Code information. 1 Course Water Spray 2 Fine Water Spray 3 Foam 4 Dry Agent. Water must not come into contact PAGE 104 Danger of violent reaction or explosion P YES Full body protective clothing R NO with breathing apparatus S YES Breathing apparatus & Gloves T NO W YES Full body protective clothing X NO with breathing apparatus Y YES Breathing apparatus & Gloves Z NO DILUTE SPILLAGE CONTAIN SPILLAGE

107 Section D Road Transport - Commercial Hazard Identification Number (HIN). Previously referred to as the Kemler Code. In general the code consists of two or three digits. The figures indicate: 2 Emission of gas due to pressure or chemical reaction 3 Flammability of liquids (vapours) & gases or self heating liquid 4 Flammability of solids or self heating solid 5 Oxidizing (fire-intensifying) effect 6 Toxicity or risk of infection 7 Radioactivity 8 Corrosivity 9 Risk of spontaneous or violent reaction Where the hazard can be adequately indicated by a single figure, this figure will be followed by zero i.e. 30, 80, etc. Doubling of a figure indicates an intensification of that particular hazard i.e. 33, 88, etc. Some HIN s have special meanings i.e. 22 = Refrigerated Gas, asphyxiant. If the letter X prefixes the HIN this means that the substance will react dangerously with water. PAGE 105

108 Unite Professional DRIVERS handbook Section D 2R 1824 Hazard Warning Panels are shown on both sides and the rear A plain orange plate is shown the front. PAGE 106

109 Section D Road Transport - Commercial Plain orange plate shown on the front of the vehicle. Hazard warning panel with UN No. left blank on the rear. Full hazard warning panel in line with one compartment, note that the UN number displayed only shows what is in that compartment. Orange panels showing UN numbers. in line with each compartment. 2R R PAGE 107

110 Unite Professional DRIVERS handbook Section D 3YE Unlike other multi-compartment tankers, fuel tankers usually only carry three products: UN1203 3YE Petrol. UN1223 3Y Kerosene. UN1202 3Y Diesel/Fuel Oil. Fuel tankers mark up as though they were a single compartment tanker i.e. one hazard warning panel on each side and rear with a plain orange plate on the front. The fuel tanker only displays the product on board posing the greatest danger PAGE Petrol. 2. Kerosene. 3. Diesel.

111 Section D Road Transport - Commercial Orange Plates showing the HIN number and the UN number on the front and rear. Class placards, with subsidiaries if required, on both sides and rear A plain orange plate is shown on the front and rear of the vehicle. Orange plates showing the HIN and UN numbers are shown on the sides in line with the relevant compartment. Class placards are shown alongside each relevant compartment and on the rear. PAGE 109

112 Unite Professional DRIVERS handbook Section D In addition to any documents required under other regulations the following documents shall be carried on the transport unit: The transport document. The instructions in writing. Means of photographic Identity. ADR Driver Training Certificate. In addition if required by ADR: A certificate of approval. A copy of the competent authority approval. For IMDG (sea journeys) Dangerous Goods Note. Note: Since 2011 you must use the new INSTRUCTIONS IN WRITING ACCORDING TO ADR these have now replaced the INSTRUCTIONS IN WRITING issued between Equipment to be Carried as set out within the instructions in writing, subject to regulations the following equipment must be carried on board the transport unit: A wheel chock, of a size suited to the maximum mass of the vehicle and the diameter of the wheel. Two self standing warning signs. Eye rinsing liquid (not required for class 2 and some class 1). PAGE 110 For each member of the vehicle crew: A warning vest. Portable lighting apparatus. A pair of protective gloves. Eye protection. Additionally for certain classes. An emergency escape mask (classes 2.3 or 6.1). A shovel, Drain seal and collecting container for classes 3, 4.1, 4.3, 8 and 9.

113 Section D Road Transport - Commercial Tunnel Restriction Codes A load may only go through a restricted tunnel provided that the code on the transport document if alphabetically higher than the one displayed on the tunnel. For example if your transport document displays that your restriction code is C than you could go through a tunnel with a restriction code B, but not through C, D or E. Tunnel restriction codes do not need to be shown on a transport document if the load is not going to go through a tunnel. Tunnel restriction code of the whole load. B B1000C B/D B/E C Restriction Passage forbidden through tunnels of category B, C, D and E. Passage forbidden through tunnels of category B when the total net explosive mass per transport unit is greater than 1000 kg; Passage forbidden through tunnels of category C, D and E. Passage forbidden through tunnels of category B and C when carried in tanks; Passage forbidden through tunnels of category D and E. Passage forbidden through tunnels of category B, C and D when carried in tanks; Passage forbidden through tunnels of category E. Passage forbidden through tunnels of category C, D and E. PAGE 111

114 Unite Professional DRIVERS handbook C5000D C/D C/E D D/E E Section D Passage forbidden through tunnels of category C when the total net explosive mass per transport unit is greater than 5000kg; Passage forbidden through tunnels of category D and E. Passage forbidden through tunnels of category C when carried in tanks. Passage forbidden through tunnels of category D and E. Passage forbidden through tunnels of category C and D when carried in tanks. Passage forbidden through tunnels of category E. Passage forbidden through tunnels of category D and E. Passage forbidden through tunnels of category D when carried in bulk or in tanks; Passage forbidden through tunnels of category E. Passage forbidden through tunnels of category E. - Passage allowed through all tunnels (For UN Nos 2919 and 3331, see also 8,6,3,1). PAGE 112 Tunnel Dartford Mersey Clyde Ramsgate Limehouse Rotherhithe Blackwall East India Dock Road Tyne Code C D D A E E E E D

115 Section D Road Transport - Commercial 1 Explosive 2.1 Flammable Gas 2.2 Non Flammable Non Toxic Gas 2.3 Toxic Gas 2 3 Flammable Liquids 4.1 Flammable Solid 4.2 Spontaneously Combustible Oxidizing Agent 5.2 Organic Peroxide PAGE 113

116 Unite Professional DRIVERS handbook Section D 6 Toxic 6.2 Infectious Substances 6 7 Radioactive 8 8 Corrosive 9 Miscellaneous 10 Limited Quanitity PAGE 114

117 Section E Road Transport - Commercial 5 DRIVER CPC Unite the union is working to ensure that employers provide the Driver CPC as well as paying drivers for the time taken to obtain it. For drivers who are unemployed, self employed, etc Unite the union can provide either discounted or free to members Driver CPC training via Altrain ADR (see advert). The vehicle Drivers (Certificate of Professional Competence) Regulations came into effect in 2007 following the Driver CPC EU Directive in This affects all professional LGV and PCV drivers. For new drivers there is a new initial qualification, which increases the amount of knowledge that drivers need before they can drive. This initial qualification will involve a four-hour theory test and a two-hour practical driving test. PCV drivers holding D, D1, D+E, or D1+E prior to 10 September 2008, as well as LGV drivers holding C, C1, C+E or C1+E prior to 10 September 2009, would not require the tests. However, all professional drivers will have to undertake 35 hours of periodic training every five years to ensure that their driver CPC is current. Only training courses that are approved and delivered by approved providers will be counted towards the driver CPC. These courses and providers must be approved by the joint approvals unit for periodic training (JAUPT). Drivers holding both LGV & PCV will only be required to complete one course of 35 hours training. Exemptions Certain exemptions apply to vehicles: With a maximum authorised speed not exceeding 45km/h. Used by, or under the control of the armed forces, civil defence, fire service and forces responsible for maintaining public order. Road tests, repair, maintenance or new not yet in service. States of emergency or rescue missions. PAGE 115

118 Unite Professional DRIVERS handbook Section E Driving lessons. Non commercial carriage of passengers or goods. Carrying materials for use by the driver in the course of their work, provided that driving is not the drivers principle activity. Recording of training Each period of training must be at least seven hours, 3.5 hours may be taken but the remaining 3.5 hours must be taken within 24 hours. Once the seven hours has been completed the training provider will up load the drivers details on to the JAUPT database. Once 35 hours has been achieved the driver will receive a DQC (driver qualification card). Only periodic training undertaken by drivers who either have acquired rights (held their licence prior to the implantation date) or have completed the relevant tests required for drivers who achieved their licences post implementation date, will count towards the CPC. You can check your tally of periodic training at CPCRE@dsa.gsi.gov.uk If you held your licence prior to the implementation date you do not require an exemption card. For PCV drivers 35 hours must be achieved by 10 September For LGV drivers 35 hours must be achieved by 10 September If you have not achieved 35 hours by these dates you will not be legally permitted to drive. Offences and Possible Penalties relating to Driver CPC. PAGE 116 Failure to comply with the requirement to hold a driver qualification card may invalidate company insurance cover.

119 Section E Road Transport - Commercial Offences and Possible Penalties relating to Driver CPC. Offence No driver CPC held (by driver) when required Maximum Penalty 1,000 Causing or permitting the above 1,000 Driver failing to carry the Driver CPC qualification card while driving Failing to notify of loss, damaged or stolen DQC or failing to return lost card if found later Person guilty of forgery or false statements 1,000 Fixed penalty may be offered 1,000 Prison sentence of up to two years, fine or both Failure to comply with the requirement to hold a driver qualification card may invalidate company insurance cover. PAGE 117

120 Unite Professional DRIVERS handbook Introduction Section F Health and safety requirements Here is some brief information about health and safety relevant to drivers. A few key issues have been picked but this is by no means the full picture and if you want to know more please consult HSE and Unite health and safety information. For sources of further information please see below at the end of this section. It has been estimated that up to a third of all road traffic accidents involve somebody who is at work at the time. This may account for over 20 fatalities and 250 serious injuries every week. Some employers believe, incorrectly, that provided they comply with certain road traffic law requirements, e.g. ensuring that company vehicles have a valid MOT certificate, and that all drivers hold a valid licence, this is enough to ensure the safety of their employees, and others, when they are on the road. Professional drivers may be exposed to a range of hazards both at their workplace and on the road. Health and safety law applies to on-the-road work activities in the same way as other work activities, and the risks should be effectively managed within a health and safety management system. Unite safety reps should be directly involved and consulted on all aspects of health and safety management and policies and should endeavour at all times to get involved in discussions at an early stage. (See further on). PAGE 118 The Health and Safety at Work etc Act 1974 This requires all employers to ensure the health, safety and welfare of all their employees while they are at work. The Act also requires employers to carry out their activities so as not to put non employees at risk and requires employees to take reasonable care to ensure that they do not endanger themselves or anyone else who may be affected by their work activities, and to co-operate with their employer and others in meeting statutory health and safety requirements. In addition to the Act there are a number of regulations which both reinforce and elaborate on employers duties and also cover specific hazards. These include:

121 Section F Road Transport - Commercial Management of Health and Safety at Work Regulations 1999 which require employers to do a number of things. These include carrying out risk assessments (see further below), making arrangements for emergency procedures, requiring co-operation and co-ordination (see further on), providing health and safety training and providing health and safety information for employees. Manual Handling Operations Regulations 1992 The employer s duty is to avoid manual handling as far as reasonably practicable if there is a possibility of injury. If this cannot be done then they must reduce the risk of injury as far as reasonably practicable. If an employee is complaining of discomfort, any changes to work to avoid or reduce manual handling must be monitored to check they are having a positive effect. However, if they are not working satisfactorily, alternatives must be considered. Control of Substances Hazardous to Health Regulations 2002 which require employers to prevent exposure of their employees to hazardous substances. Work at Height Regulations 2005 which require employers to put in place measures to prevent falls from height and also to prevent objects falling from height. Workplace (Health, Safety and Welfare) Regulations 1992 These regulations cover a wide range of important issues such as provision of toilets, washing facilities, drinking water, rest rooms and lighting. Reporting of Injuries, Diseases and Dangerous Occurrences Regulations These regulations require employers, persons in control of premises or the self-employed, depending on the circumstances, to report work-related accidents and certain diseases and dangerous occurrences. Unite advises that all accidents and near misses should be reported to the employer and recorded regardless of whether they are reportable under RIDDOR so that preventive action can be taken in consultation with Unite safety reps. Personal Protective Equipment at Work Regulations 1992 These require employers to provide suitable personal protective equipment (PPE) where a risk assessment has shown that there are risks to health and safety that cannot be controlled by other means. PPE should only be used as a last resort to protect workers from hazards in other words, the employer must first take preventive measures to control the risk. The PAGE 119

122 Unite Professional DRIVERS handbook Section F Health and Safety at Work Act states that employers have a duty not to charge for anything they are required to provide by law, so PPE should be provided free of charge to employees (including employees of agencies). Risk assessments and driving Employers are required to carry out risk assessments of work activities which may involve risk of harm to their employers or other people affected by their work activities such as other road-users or those working at premises their staff may visit to carry out work activities such as deliveries. Risk assessments for any work-related driving activity should follow the same principles as risk assessments for any other work activity. Employers who fail to manage work-related road safety properly are more likely to endanger both their employees and other people who may be affected. Unite safety reps should ensure that they get involved in risk assessments, remembering at the same time that it is the employer s duty to carry out risk assessments and take appropriate preventive action. For more information about risk assessments see the Unite leaflet on risk assessment and the HSE guidance at PAGE 120 Health and safety duty to co-operate on deliveries and collections Every year, about 70 people are killed and thousands suffer major injuries in accidents involving vehicles in and around workplaces. A significant number of these occur during deliveries and collections and lorry drivers are particularly at risk. Effective precautions must be taken to prevent: People being hit by moving vehicles. People falling from vehicles Work at Height Regulations apply to vehicles. Vehicles turning over. People being hit by objects falling from vehicles. Slips and trips in the general work area and on or from the vehicle; and Handling injuries when moving the goods. Members are often unfairly blamed for accidents that could have been prevented if dutyholders had co-operated with one another.

123 Section F Road Transport - Commercial The three key dutyholders are: The supplier sending the goods. The carrier the haulier or other company carrying the goods; and The recipient the person receiving the goods. A common factor in delivery/collection accidents is the lack of any agreement between supplier, carrier and recipient about who is responsible for what in terms of safety. In most work situations the safety of an employee is primarily the responsibility of their employer, but to deliver or collect goods, employees have to visit premises controlled by others. The safety of everyone at these premises, including people visiting the site, is the responsibility of the organisation in charge of the site (the recipient or supplier), as they should control what takes place on site. Irresponsible employers may use this overlap in responsibilities as an excuse for not doing more to protect those involved in deliveries. This overlap can cause dangerous misunderstandings unless all parties exchange information about the main risks involved, and agree who will do what to control risks. Dutyholders must assess delivery and collection risks and reduce them as far as reasonably practicable. Current arrangements for preventing vehicle accidents during deliveries and collections should be reviewed in consultation with safety representatives, drivers and other employees. Source: HSE leaflet Delivering safely: Co-operating to prevent workplace vehicle accidents (free to download from the HSE website) Consultation of Unite Safety Reps: Safety reps rights and functions Unite safety reps are a key part of providing better health and safety for Unite members at work. Safety reps have specific legal rights and functions which enable them to: Inspect the workplace regularly. Investigate employee complaints concerning health and safety issues at work. Investigate accidents, dangerous occurrences and potential hazards. Represent workers on health, safety, and welfare matters to their employer. PAGE 121

124 Unite Professional DRIVERS handbook Section F Inspect health and safety documents. Receive information from HSE Inspectors. Establish a joint union-management Safety Committee. Employers are required to consult safety reps, especially about: Measures introduced at a workplace that may substantially affect health and safety. Arrangements for appointing health and safety competent persons and emergencies. The health and safety information required to be provided to employees. Health and safety training arrangements for the workforce, such as induction training. The introduction of new technology into the workplace. Employers are legally required to provide safety reps with the resources to carry out their role. Acas suggest facilities should include: Room with desk and chairs at work, for carrying out interviews and meetings. Secure facilities for storing documents. Access to internal and external telephones. Access to word processor now IT facilities. Access to duplicating facilities. Notice board. PAGE 122 Other facilities should include copies of relevant statutes, Regulations, Approved Codes of Practice and HSE guidance, copies of safety journals, and legal and international standards that are relevant. Corporate Manslaughter and Corporate Homicide Act This act became law in 2008 and for the first time companies and organisations can be found guilty of corporate manslaughter as a result of serious

125 Section AF Commercial - Transport Road management failure resulting in gross breach of a duty of care. But please note that the Act does not provide for individuals being made accountable. Sources of further information Unite website Unite Health and Safety Guide provides detailed information on a range of health and safety issues and legislation, including chapters on specific hazards such as stress, bullying and violence. RTC sector web pages Health and safety pages includes Unite leaflets for drivers on Diabetes (including medical standards) and Obstructive Sleep Apnoea Health and Safety Executive HSE logistics road haulage and warehousing website Leaflet: Driving for Work (INDG382) HSE worker involvement pages at HSE Carriage of Dangerous Goods advice and information Department for Transport HGV driver s guide to maintaining roadworthiness pullout Full VOSA guide on maintaining roadworthiness orthiness_pcv_1110.pdf Vehicle and Operator Services Agency Driver and Vehicle Licensing Agency PAGE 123

126 Unite Professional DRIVERS handbook Road Transport - Commercial Agency Workers Regulations Tactics used by employers to avoid regulations brought in to defend agency workers Swedish Derogation what it means to workers in road transport and logistics and WHY we should be concerned? A large number of the major transport and logistics companies have confirmed that they will adopt the Swedish Derogation model in relation to the agency workers regulations (AWR) by using recruitment consultancies that directly employ temps. The AWR which came into effect on 1 October gives agency workers the right to equal pay and working conditions as permanent staff after 12 weeks of employment. While the regulations contain antiavoidance measures to prevent hirers repeatedly terminating assignments before 12 weeks for example the so-called Swedish derogation model is an alternative, legal method of remaining compliant. The model sees recruitment agencies hire temporary staff directly, thereby making end-users exempt from the rules and a potential rise in expenditure on temporary workers. Tesco is one example of a major retailer who has both its own Core Workers and third party logistics suppliers who employ Agency Workers. The supermarket giant has defended its use of the measure to legally avoid being subject to the new rules, which could have seen the pay and subsequent cost of some agency staff rise. Yes, we should be concerned The CBI has estimated that the AWR which stemmed from the EU s agency workers directive will cost UK employers 1.8 billion to implement. To recoup this money some Employers will look to their full time Employees. If allowed employers will undermine existing terms and conditions of the core workforce effecting overtime and shift premium rates. Long term employment security of core workers will be undermined, replacing them with terms and conditions imposed on agency workers. Workers pay delivering bigger profits. PAGE 124 Unite the union the transport workers union SAYS NO to abuse of agency workers!