If the Maximum Permitted Mass (MPM) of the vehicle exceeds 7.5 tonnes then a tachograph must be fitted and used in accordance with the provisions of Council Regulation EC 3821/85. The type of tachograph fitted will depend upon the date of first registration. If the vehicle was registered prior to 1^st May 2006 then Recording Equipment compliant with Annex 1 may be fitted, this is commonly called an ‘Analogue Tachograph.’ If the vehicle was first registered on or after 1^st May 2006 then Recording Equipment compliant with Annex 1B must be fitted, usually referred to as ‘Digital Tachograph.’ Whichever equipment is fitted, installation may only be performed by an approved centre or person. The equipment will require sealing and calibration. Analogue tachographs require an accuracy check every 2 years after their initial calibration. Six years after initial calibration the equipment will require recalibration. Digital tachographs have to be checked within 2 years of initial calibration and then every 2 years. A full calibration will be carried out as part of this periodic check. Vehicles that are required to be fitted with a tachograph will fail their Annual Test if the equipment is not fitted or does not display the appropriate calibration plaque.

Drivers of such vehicles will fall under the requirements of the European Drivers Hours Regulation; 561/2006. Basically this governs maximum continuous driving time, daily, weekly and fortnightly driving time and lays down minimum requirements for daily and weekly rest periods. It should be noted that even a parent taking their children’s horse to a gymkhana would fall into scope of this regulation should the vehicle MPM exceed 7.5 Tonnes.

The most likely breach of the regulation concerns the weekly rest requirement. Article 8.1 requires drivers to take a weekly rest period and Article 4(h) defines this period as being 45 hours (normally). Rest being defined by Article 4(f) as; any uninterrupted period during which a driver may freely dispose of their time. From this it can be seen that if the parent works Monday to Friday (even in a non driving job) it would be impossible for them to take the required weekly rest.

A vehicle with a MPM exceeding 3.5 tonnes but not 7.5 tonnes will only require a tachograph to be fitted if its’ use falls outside the following exemption, Article 3(h); vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7,5 tonnes used for the non-commercial carriage of goods. This exemption applies to both rigid vehicles, for example a 7.5 tonnes horsebox and vehicle combinations, for example a Land Rover Discovery towing a trailer. With a vehicle/trailer combination the important weight is the permitted ‘Train Weight;’ the maximum permitted weight of the vehicle plus load and trailer plus load. If a vehicle or combination is used other than in accordance with the exemption and no tachograph is fitted a serious offence is committed. It would be very unwise to ‘downplate’ a heavier vehicle so that it falls within this category. The unladen weight of the vehicle would be high compared with the MPM, resulting in a very real danger of overloading the vehicle, even with a single horse being loaded.

Where a vehicle (or combination) has a MPM equal to 3.5 tonnes or less then it will fall outside the scope of the regulation. However, care must be taken that these vehicles are not overloaded, carrying anything other than the smallest horses or ponies could bring the vehicle close to its’ maximum permitted weight.

Operator Licensing;

A further consideration must be made where the MPM of the vehicle exceeds 3,500 kg. If the vehicle is used to carry goods in connection with a trade or business then a Goods Vehicle Operator Licence will be required. This regulation does not apply where the owner is moving their own horse for purely private reasons. However, great care must be taken when competitions are entered that involve the payment of prize monies. It is possible that the winning of prize monies could be regarded as an ‘income’ and therefore the use of the horsebox would be in connection with a business and an Operators Licence would be required.  The use of Dual Purpose vehicles (most 4x4s) to tow horse trailers falls outside the scope of this regulation.

There are a number of types of Operator Licence;

Restricted: allows for the transport of goods ‘not for hire or reward.’

Standard National: allows for transport of goods within the UK for hire and reward, in other words; transporting somebody else’s goods and being paid for it.

Standard International: transporting goods for hire and reward both within the UK and abroad.

Both types of Standard licence require the licence holder to hold or have access to the services of a holder of a Certificate of Professional Competence in Road Haulage.

Use of a vehicle contrary to the legislation can carry heavy fines and may result in seizure of the vehicle.

Date : 24-07-2007