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Old 03 December 2011, 17:09   #1
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Changes in legislation for commercial towing

Under current legislation, a vehicle/trailer combination does not require an operators licence so long as the GVW of the towing vehicle does not exceed 3500kg and the trailer has an unladen weight not exceeding 1020kg.

As of tomorrow (4th December 2011) however EC Regulation 1071/2009 comes into force, which requires all vehicle/trailer combinations with a combined GVW (towing vehicle GVW + trailer GVW) of over 3500kg used for hire or reward to hold an operators licence. There is still an exemption for operators of vehicles that only carry their own goods in connection with their trade or business.

As now, a tachograph is required for all vehicle/trailers combinations for business use (except a few very specific exemptions).

In summary, if you operate a vehicle/trailer combination with a combined GVW over 3500kg from 4th December you will need:

Private use - Nothing
Business carrying own goods only - Tachograph
Business carrying other people's goods - Tachograph and operators licence

The punishment for operating without an operators licence or tachograph is a 5000 fine and a prohibition order at the roadside with the vehicle and trailer impounded.
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Old 03 December 2011, 17:56   #2
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Sounds like more excuses for jobsworths to extract cash from small businesses etc, as if it is not hard enough to make a living aready!!

Sorry for the moan, just my two pence worth.

Lee
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Old 03 December 2011, 18:29   #3
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Originally Posted by diverdad View Post
Sounds like more excuses for jobsworths to extract cash from small businesses etc, as if it is not hard enough to make a living aready!!

Sorry for the moan, just my two pence worth.

Lee
European regs......nuff said!!
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Old 04 December 2011, 04:15   #4
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Originally Posted by SW RIB Charter
Under current legislation, a vehicle/trailer combination does not require an operators licence so long as the GVW of the towing vehicle does not exceed 3500kg and the trailer has an unladen weight not exceeding 1020kg.

As of tomorrow (4th December 2011) however EC Regulation 1071/2009 comes into force, which requires all vehicle/trailer combinations with a combined GVW (towing vehicle GVW + trailer GVW) of over 3500kg used for hire or reward to hold an operators licence. There is still an exemption for operators of vehicles that only carry their own goods in connection with their trade or business.

As now, a tachograph is required for all vehicle/trailers combinations for business use (except a few very specific exemptions).

In summary, if you operate a vehicle/trailer combination with a combined GVW over 3500kg from 4th December you will need:

Private use - Nothing
Business carrying own goods only - Tachograph
Business carrying other people's goods - Tachograph and operators licence

The punishment for operating without an operators licence or tachograph is a 5000 fine and a prohibition order at the roadside with the vehicle and trailer impounded.
Would a sole trader business of buying/selling boats being collected around the country need one if they were over the combined 3.5 ? :eek

What if it's under 3,500 I assume no taco is needed ?

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Old 04 December 2011, 08:39   #5
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There is also an exemption I believe if under a certain mileage for own business use. I.E I think I can tow from home to Poole if under the weights without either licence but from Hamble to Poole I think it ramps up to much mileage (50 kilometers if memory serves me?)
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Old 04 December 2011, 09:45   #6
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There is also an exemption I believe if under a certain mileage for own business use. I.E I think I can tow from home to Poole if under the weights without either licence but from Hamble to Poole I think it ramps up to much mileage (50 kilometers if memory serves me?)
Yes there is an exemption on the tachograph regulations for a vehicle/trailer combination with a combined GVW not exceeding 7500kg GVW which is used to carry materials, equipment or machinery for the drivers use in the course of his work within a 50 km radius of base and where driving is not the driver s main activity.

This would apply to someone towing a RIB which he is then going to skipper, but not someone delivering a RIB for maintenance work or a bareboat charter.
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Old 04 December 2011, 09:52   #7
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Originally Posted by SW RIB Charter View Post
.

This would apply to someone towing a RIB which he is then going to skipper, but not someone delivering a RIB for maintenance work .
So I could not deliver one of my RIBs to a workshop 6 miles from my base, my boat and no money being earnt by me??
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Old 04 December 2011, 09:53   #8
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Originally Posted by Boats&Outboards View Post
Would a sole trader business of buying/selling boats being collected around the country need one if they were over the combined 3.5 ? :eek

What if it's under 3,500 I assume no taco is needed ?

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If the combined GVW of the vehicle and trailer was under 3500kg, then no tachograph or operators licence would be required. This would only apply to a very small RIB and towing vehicle. Even a 4m Searider behind most 4x4s would put it over.

If the combined GVW is over 3500kg and you are collecting boats that you have purchased to sell on, then just a tachograph would be required. If you are collecting boats as part of a brokerage service, then a tachograph and operators licence would be required.
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Old 04 December 2011, 09:58   #9
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So I could not deliver one of my RIBs to a workshop 6 miles from my base, my boat and no money being earnt by me??
If the RIB was part of your charter fleet (rather than a private boat), then you would need a tachograph but not an operators licence.
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Old 04 December 2011, 10:03   #10
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Cheers for all the updates, I think there are quite a few of us who could easily become "targets" for revenue and seizure of our boats/4X4s. Quite a few trailer RIBs to The Thames for a days activity with clients from the South coast and this is beyond the 50kilometer limit and I have towed RIBs locally to have engine work etc done.

To really depress me, what does a Tacho cost to buy/fit and also operators licence?
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