Operator Licence - Frequently Asked Questions (FAQ)

  1. Do we need an Operator’s Licence for recovery operations?
    Recovery vehicle operators do NOT require an Operator’s Licence either inside or outside the 100 Km radial when engaged in recovery operations.
  2. At what point does recovery become haulage?
    Recovery becomes haulage when a vehicle is no longer disabled and unable to move by itself and is being carried for hire and reward.
  3. If we transport vehicles do we need an “O” Licence?
    If you transport a vehicle that is legally able to move under its own power then that is called hire and reward, and you do need an Operator’s Licence.
  4. When do I have to fit a digital tachograph?
    With effect 1st May 2006 all new vehicles are automatically fitted with a digital tachograph. As vehicles are replaced they will automatically have the digital tacho installed. In the mean time the analogue tacho may be used. If a digital tacho is installed the Company must obtain a “Company Card” from the DVLA to allow information to be downloaded from the tacho, and every driver must have a personal “Driver’s Smart Card” to enable proper use of the instrument.
  5. What happens when a vehicle with an “O” licence is used for recovery?
    Any vehicle over 3.5 tonnes maximum weight that is used for hire and reward must have an Operator’s Licence. A vehicle with an “O” licence may also be used for recovery operations, but driver’s hours rules must be followed. All vehicles with “O” Licences must pay vehicle excise duty and display both an “O” Licence and VED discs on the windscreen.
  6. Does an “O” licensed vehicle used for recovery have to pay full vehicle excise duty?
    Yes
  7. What kind of “O” Licence will I need if I transport vehicles for hire and reward?
    If the vehicles belong to some one else then you will nee a Standard “O” Licence for National Operations, or an International Standard if you travel abroad. If the vehicles belong to the same company that owns the recovery vehicle, and there are no more than two recovery vehicles operating out of each base, then a Restricted “O” Licence is sufficient.
  8. What qualifications o I need to get an “O” Licence?
    To obtain an “O” licence the applicant must be:
    • Of good repute
    • Financially sound
    • Must be professionally qualified himself or employ someone who is
    The most common and easily recognised professional qualification is the OCR Certificate of Professional Competence at either National or International levels.
  9. What rules govern my night time “on call” staff when they are working Out of Scope?
    Recovery staff working inside the 100 Km radial are not covered by the Road Transport Directive [RTD]. They are, however subject to the Working Time Directive 1998 [Amended 1999]. If the mobile staff are “away from the workplace when on call and accordingly free to pursue leisure activities, then that on call time is NOT working time”. [3 October 2000 - European Court of Justice – Sindicato de Medicos de Asistencia Publics [SIMAP] – v – Conselleria de Sanidad y Consiemo the ruling subsequently confirmed in subsequent cases].
*** Couldn't find an answer? To Submit your question, Click Here ***

Tachograph - Frequently Asked Questions (FAQ)

  1. What drivers’ hours’ rules are recovery drivers subject to outside the 100 Km radial?
    Recovery vehicle drivers operating inside the 100 Km radial are exempt from driver’s hours of work and records rules.
  2. What drivers’ hours’ rules are recovery drivers subject to outside the 100 Km radial? Depending upon the time you will be outside the 100 Km radial, and on the most suitable for the occasion, you may use either EU or Domestic hours.
  3. How do we calculate where the 100 Km limit starts and ends?
    Get scale maps showing your base of operations, using the correct scale use a pair of compasses to draw a circle with the base as the centre. You may operate anywhere within that radial. If you have vehicles based at more than one location then the radial is centred on each different base location.
  4. Are recovery vehicle drivers subject to the Road Transport Working Time Directive [RTD] when working inside the 100 Km radial?
    Recovery drivers are NOT subject to the RTD when operating inside the 100 Km radial. They are, however, subject to the Working Time Regulations 1998 [amended 1999] under the sub-section entitled “Mobile Workers”.
  5. Are recovery vehicle drivers subject to the RTD when working outside the 100 Km radial?
    Recovery drivers working outside the 100 Km radial are subject to the RTD.
  6. Can an employee work more than a 48 hour week?
    Yes! Any employee can “opt out” and sign an agreement to work more than 48 hours in any one week. Employees cannot be dismissed for failing to sign an opt out agreement.
  7. How much daily rest must a “Mobile Worker” have?
    Mobile workers are entitled to 11 hours rest each day.
  8. What does opting out mean?
    When a mobile worker signs an opting out agreement it means that he/she is willing to work more than 48 hours in a week.
  9. Can a “Night Worker” opt out?
    For the purposes of the legislation night time is the hours between 11 pm [23.00 hrs] and 6 am [06.00 hrs] the following day. Mobile workers are excluded from the night work limits. And they are entitled to “adequate daily rest” [sic]. Adequate daily rest means that workers must have regular rest periods which are sufficiently long and continuous to ensure that workers do not injure themselves, fellow workers or others and that they do not damage their health in either the long or the short term.
  10. How much weekly rest must a “Mobile Worker” have?
    A mobile worker must have an average of 90 hours rest each week. This is an average period and it includes daily and weekly rest periods.
  11. What is a Health Assessment for?
    Employers must offer a free “Health Assessment” to anyone who is about to start working nights on a regular basis. This can be a questionnaire and, dependent upon the answers the employee may be required to have a free medical examination. Sample Questionnaires are available from the RTA.
  12. What records do we need to keep?
    Employers must keep records that show weekly working time and night work limits are complied with. It is for the operator to decide what records need to be kept and in what format. It may be possible to use existing records made for other purposes such as pay sheets, work sheets, tacho charts or smart card downloads. Copies of regular health assessments completed by night workers should be kept. Records must be kept for 2 years.
  13. How do we record “Mixed Driving” days?
    When a river finds out that he/she is to travel outside of the 100 Km radial he/she will change from “Out Of Scope” driving to EU Hours Rules. At this point a Tacho Chart is placed into the Tacho, or a Smart Card is inserted into a Digital Tacho. Relevant out of scope driving must be recorded [on the back of the chart, or entered into the digital tacho] as “work other than driving” under the two hammers symbol.
  14. What regulations are recovery drivers subject to when working outside the 100 Km radial?
    When travelling outside of the 100 Km radial recovery drivers are subject to: EU Drivers’ Hours of Work regulations, Tachograph regulations and the RTD [Working Time Directive].
  15. What is a “Day”?
    An EU Day is the period between Midnight and 24.00 hrs [i.e. Midnight Sunday/Monday to 24.00 hrs Monday/Tuesday].
  16. If a driver has to go outside the 100 Km radial when does his “EU Driving Day” start and finish?
    The EU day commences at the time of the change from Out of Scope to EU Hours, and lasts for 24 hours.
  17. What action should a recovery driver take, with regard to a tachograph, when going outside of the 100 Km radial?
    Write on the back of the chart that previous work was out of scope and comes under the heading of Work Other Than Driving.
  18. What EU rules have to be obeyed, and for how long, when operating outside of the 100 Km radial?
    EU drivers’ hour’s rules apply until the vehicle has completed the journey back to base. The driver must adhere to the daily and weekly rest periods for the remainder of the week [seven days from the start of the operation].
  19. What is an “Occasional Mobile Worker”?
    An “Occasional Mobile Worker” is someone who works LESS than 11 days within the scope of the EU regulations during a 26 week period OR LESS than 16 days within a period longer than 26 weeks.
  20. Are Occasional Mobile Workers subject to the RTD?
    Yes they are and must be provided with details, in writing, of they time they work for you AND must give you details in writing of time they spend working for another employer.
  21. What records do I keep?
    There are a number of choices:
    • Ignore everything when operating within the 100 Km radial
    • Use a log book of your own design
    • Use an analogue tacho with the mode switch turned to work other than driving
    • Use a digital tacho with the flag set at “Out Of Scope”
  22. Can I use a tacho, when inside the 100 Km radial, just for management purposes?
    Yes! Just remember to keep the mode switch [or the flag] to “Work other than driving” which is the two hammers symbol.
  23. What are the new EU drivers hours rules?
    With effect 11th April 2007 the EU Drivers Hours of Work rules are:
    • Daily Driving
      • 9 hrs max but can be increased to 10 hrs twice a week
    • Weekly Driving
      • 56 hrs maximum in any week
    • Fortnightly Driving
      • 90 hours in two consecutive weeks
    • Driving Breaks
      • 45 minutes in or immediately following 4½ hrs
      • Driving [initial period of 15 minutes allowed BUT it must be followed by a 30 minute break period
    • Daily Rest
      • 11 hrs reducible to 9 hours three times a Week
    • Split Rest
      • 12 hrs in total, made up of at least 3 hrs followed by 9 hours
    • Weekly Rest
      • 45 hrs that may be reduced to 24 hrs in alternate weeks, but the lost time must be made up by the end of the 3rd week
    • Multi-manning
      • 9 hrs rest in 30 hrs with a further allowance For the driver to operate the first hour solo
  24. What rules govern my night time “on call” staff when they are working subject to EU rules?
    If the mobile worker is not free to dispose of his/her time and is required to be at his/her workstation [typically the employer’s premises] ready to take up work then this is “Time devoted to other activities”. Working time does NOT include routine travel between home and work, rest and breaks when no work is done. “Periods of Availability” is waiting time whose duration is known in advance and where the mobile worker does not have to remain at his/her place of work. “Working Time” only starts when the mobile worker arrives at the workstation, and ends when he/she leaves and returns home.
*** Couldn't find an answer? To Submit your question, Click Here ***