The 12-Day Rule is Back!

The EU drivers hours regulations were amended on 4 June 2010 to re-introduce the derogation which allows drivers operating extended tours abroad to work for up to a maximum of 12 days without taking a full or reduced weekly rest during the period.

However, it is less flexible than the original 3820/85 regulation in force until The 12 days must follow a full weekly rest period, ie at least 45 hours. The driver must be working a single occasional service that is based for at least 24 consecutive hours in an EU member state or a third country other than the one in which the tour started. After the period of extended working the driver will be required to take two consecutive 45 hour weekly rest periods of one normal (45 hours) than 24 hours) with compensation for the reduction within 3 weeks.

After 1 January 2014 coaches making use of this rule will need to have a digital tachograph instrument fitted and be multi-manned with the drivers only driving for a maximum of 3 hours between breaks during the hours of 22.00 hours to 06.00 hours

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The Clock is Ticking—Driver CPC

Any classification D or D1 driving licence holder intending to drive for hire or reward after midnight on 9 September 2013 must be in possession of a driver qualification card. The card is issued free by the DSA to drivers who have attended 35 hours of periodic training. On issue this card will entitle those drivers with C1 entitlement also, to carry fare-paying passengers until 9 September 2019. However during the period 2013 to 2019 drivers will need to obtain a further 35 hours of periodic training if they intend to to drive for hire or reward after 9 September 2019, ie 6 years instead of 5.

Drivers working towards their initial Driver CPC qualification card must be in possession of a photocard licence in order for the DSA to issue their DQC card. So please ensure any of your drivers who still have a paper licence have upgraded to a photocard licence before 9 September 2013

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Keeping out of the Public Inquiry Courtroom (Routeone magazine  issue 199 - 29.09.07)

VOSA examiners can turn up on the doorstep at any time to review an operation. Whether unannounced or by appointment, a visit usually occurs following a roadside check where either a vehicle prohibition or traffic infringement has occurred.  A series of PG9`s or high MOT failure rate will also provoke a visit. VOSA may have received a complaint from a third party – a member of the public, a disgruntled past employee or even a current employee, over issues within the operation. It is VOSA`s policy to follow these up.

At the visit it is usual for vehicles in the depot to be inspected at random. If faults are found on any vehicles parked in the depot, which have not been prevented from being used as VOR,  PG9 prohibition notices will be issued.

Organised presentation of vehicle and other records is important. Vehicle files should be  presented containing all defects recorded by drivers, rectification details and spares fitted, job sheets, service records and detailed inspection records.  Calibration certificates for speed limiters and tachographs should also be filed. It is advisable to keep records of road wheel movements and re-torques. Wall mounted flow charts prove good organisation when recording safety inspection dates, tachograph calibration dates and MOT test dates, with time ahead of the MOT to prepare for presentation. Thorough vehicle preparation is vital to maintaining a high pass rate as even a loose seat belt anchor bolt will lead to a failure. Operators when comparing their MOT pass rate with VOSA`s often find that VOSA have recorded a higher number of failures. Remember that if any adjustment is made during the MOT, the testers report will be marked PRS (pass rectified at station) which is classed as a failure. Headlight aim is one of the most common examples. Operators are advised to arrange a pre-test of brakes, emissions and headlights. Keeping a fleet in road worthy condition throughout the year depends on monitoring by daily walk round checks and the thorough regular safety inspection.

During the visit a traffic examiner will request sight of driver records including copy licences. If a full compliance check is to  be carried out regarding drivers` hours  and the keeping of tachograph records a notice will be served on the operator to provide these by a certain date, when they will be collected an inventory prepared and a receipt issued. Payroll, clockcards, time sheets and out of scope vehicle records will be requested in addition to tachograph charts.

When the analysis is complete VOSA will return all records and raise any issues they are concerned about. This will involve interviewing the Transport Manager and drivers possibly under caution. All notes taken will be forwarded to the traffic commissioner`s office so that consideration can be given as to whether a public inquiry is necessary or not. At this stage the traffic examiner, if finding infringements will wish to see the systems and controls that are in place for scheduling work and monitoring records. Infringement reports being issued to drivers and their feed back to prevent repetition will be needed. It will also be expected that a disciplinary process will be in place to deal with more serious and repetitive infringements. Where poor scheduling has led to the law being broken it will be expected that preventative action has been taken. Proof of suitable induction and on going training of drivers on tachograph and hours rules must be shown.

Part time, casual and agency drivers are of particular concern. Traffic examiners will require proof that all drivers working on a casual basis are signing a declaration as to when they last worked, when and where they will be in future and that they have had or will have daily and weekly rest periods in accordance with EC561/2007.

Where falsification of records on the part of the operator or driver is found VOSA will apply to the magistrates court for a summons to be issued. The outcome of any court case involving the operator or one of its employees must be reported to the traffic commissioner.

Missing mileage is a serious indication that charts may not be being handed in or the vehicles used without charts in the tachograph. Every vehicle including out of scope vehicles should have a mileage record sheet on board to record.

The company partners or directors and the designated transport manager (CPC holder) will be held responsible at a Public Inquiry for failure of the company to comply with the undertakings which were a condition of the granting of the operators licence. So start by looking at the terms of the “O” licence then check your systems their control and records or obtain the services of an outside consultant to review your operation.

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Preventative Maintenance (Routeone magazine  issue 176 - 19.04.07)

One of the greatest contributors to operating cost is the roadside breakdown - stranded passengers, drivers hours ticking away and reliance on the manufacturer`s lifeline breakdown service.

Rear engined vehicles suffer with overheating problems unless the cooling system is inspected regularly. The water and charge air radiators which are double banked to save space become fouled on the airside usually in the space between the two - the powerful fans acting as vacuum cleaners drawing in leaves and plastic bags. Gradually the fouling margin will be exceeded then at full power the engine will overheat.  It is extremely difficult to clear out this debris with the radiators in situ.  Sealing the gap round the outside of the radiators not only improves air flow across the cooling surface but also reduces the ingress of larger items of debris between them.  Compressed air or high pressure water should be used regularly to keep the radiator core clear.  The inside of the radiator will remain fairly clear of contamination due to the corrosion inhibitors in coolants.  

Adequate engine cooling relies on the pressure within the system being maintained. Leakage or a failed pressure cap will reduce performance particularly at altitude or where prolonged high engine power is required.

A turbocharger centre bearing failure can lead to a high ingress of dirty engine oil entering the intercooler radiator and fouling the tube walls reducing intercooler efficiency. When replacing a turbocharger it is good policy to flush out the intercooler. Loss of power will occur if the intercooler leaks or becomes inefficient leading to the engine management system lowering the power output to compensate for the reduction of charge air to the cylinders.

Analysis of failures away from base shows that windscreen wipers are high on the list.  Keeping the wiper arm securing nuts tight saves much trouble. These loosen gradually on the tapers which causes wear by slipping necessitating spindle replacement.

Lubrication of all locks and hinges particularly on wheel arch panels saves time and effort when fitting snow chains on winter ski work. These items require regular attention and exercising to prevent seizure particularly in the winter months when road salt accelerates corrosion.

Common breakdowns occur due to fuel starvation - the prime cause being blocked filters.  Strict monitoring and regular changing of all filters will prevent many problems as will checking fuel line unions for possible air ingress points.

Compressed air filters and dryers should be checked for function. Lubricant ingress upstream of the air dryer from a worn compressor will shorten the life of the desiccant.  Air line lubricators which keep air cylinders and door actuators working freely should be topped up with the correct grade of oil.

The main cause of air conditioning plant failure is dirty airside evaporator filters causing high pressure drop.  In the summer it will be necessary to change these twice a month.

Electrical problems are mainly related to poor charging. Alternators should be checked for output.  It is possible for an alternator to fail without there being any visible warning.  This places a higher load on the other which will then burn out. Battery casings should be washed off at each inspection and terminals checked for cleanliness and security.  Chassis/body to engine earth cables should be checked for continuity and security - inadequate earthing causes poor starting and increases the risk of fire.

Top of the list for failures is belt shedding.  There can be as many as a dozen drive belts connecting the crankshaft to the water pump, aircon compressor, alternators and cooling fan.  Failure of one of these belts can “de-rail” several more.  The vehicle should carry a complete set of spare belts some of which are not readily available at the roadside.  Driver education on keeping engine revs in the green sector and regular inspection of the belts and the tensioner bearings minimises the risk of failure.

Operators having Scania Comfort Shift gearboxes should make sure that the fault code RAM (random access memory) is downloaded and analysed regularly to highlight any driver related use and abuse of the transmission.  Failure to do this will result in gear change difficulties when the memory becomes full.  Drivers should be trained on how to operate this type of gearbox in safe mode allowing movement of the vehicle to a place of safety should a problem occur.

The days have gone when the driver could be expected to solve a problem other than a minor one, although some old timers still carry a substantial tool kit.  My own experience over many years of continental touring proved that simple checks by fitting staff and drivers before leaving the depot, in addition to the mandatory walk-round safety check, will prevent many breakdowns which are beyond the driver`s ability to correct at the roadside.

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Vehicle Weight (Routeone magazine - issue 201 – 11.10.07)

 There is an issue over the GVW(gross vehicle weight) or legally permitted mass of twin axle coaches.  Experience shows that a coach carrying 49 passengers and touring luggage can  be overweight. If detected at the roadside, this will lead to an immediate prohibition and fines for the operator and driver. Many operators believe that if the seating capacity is not exceeded they have nothing to worry about – this is simply not true.
In the UK legally permitted mass was only raised to 18 tonnes on January 1st 1999, nearly 10 years after the  EU85/3 maximum was raised from 17 tonnes to 18 tonnes in the rest of Europe.

Above is a typical plate showing the maximum design weights (technically permitted mass)  and its distribution between axles for the vehicle and  the  weights applicable  in the UK (legally permitted mass)
If a vehicle is stopped on the road after being “weighed in motion” or routinely directed to a weighbridge for checking, it is the weights on the “legally permitted mass” side of the plate which will be applied.
On the example plate above for the technically permitted mass to be utilised a change in the law will be required for vehicles registered in the UK.
The difference between unladen weight (ULW) stated on the nearside of the vehicle and its maximum gross vehicle weight is payload.  As coaches have been equipped with more and more equipment; R66 rollover strength , toilets, TV`s, videos and galley equipment so the payload has gradually reduced. At the same time the average weight of passengers and luggage has increased. So the question is how many passengers and luggage can be carried legally on a twin axle coach?

A tour departure may have a crop of heavyweight passengers and luggage. When attending loading points I always carried a set of bathroom scales in the boot of the car to make discreet spot checks on heavy luggage. It was tempting on many occasions to risk all and ask the passengers to step on the scales!  Averaged over a number of checks (250 cases) I found passenger luggage weighed in at 21 kgs(44½ lbs). The heaviest case weight ever recorded was 37 kgs (81 lbs). Assuming 100 kgs allowance per passenger and luggage on a 49 (plus driver and courier) seat coach  ie  51 x 100kgs = 5.1 tonnes payload + ULW. This could exceed the legally permitted mass if the ULW weight of the vehicle is greater than 12.9 tonnes.
Gross vehicle weight can be within the plated limit with either axle being over weight, which would also be illegal. When a vehicle is checked each axle is weighed to obtain the total vehicle weight. Distribution of the load is important.

I am always surprised when checking operators` fleets, at the number of coaches put into service before 1999 which have not had plates updated to 18 tonnes.  Re-plating is a simple process involving a small fee payable to the manufacturer for the new plate.  The DVLA must be informed of a construction and use change. Without this increase the coach will invariably exceed GVW when fully laden with luggage. It is only possible to re-plate to the limit of technically permitted mass (design). If this is less than 18 tonnes the legally permitted mass will equal the technically permitted mass. For there to be an increase in technically permitted mass it would be necessary to upgrade suspension, brakes and tyres. 
 Drivers seem to have very little knowledge of vehicle weight and they do not travel lightly.  Mechanics preparing vehicles for the annual test have regularly drawn my attention to the amount of equipment they carried in the lockers - heavy tool boxes, boxes of books, water containers, oil and other items – all adding to the running cost of the vehicle and the risk of running overweight.
Weighing coaches at the point of departure on one occasion; with only 34 passengers on a 40 seat vehicle and luggage, the legally permitted rear axle weight was exceeded by 10%.  It was impossible even by re positioning the luggage to get within axle weight. 
Manufacturing to closer tolerances and using where possible lower density material would reduce weight. Advice on distribution of weight should be provided to help operators and drivers to reduce overloading risks and the effects of instability.
 Describing one medium sized suitcase by its dimensions, would be best practice , but I remember the sales department received so many calls from customers when this approach was tried we had to drop the idea.
One final thought – perhaps luggage manufacturers should be targeted to label their largest products as unsuitable for coach travel.

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LICENCING FOR PERMIT BUS OPERATORS

Section 19 Operators can employ paid drivers of hire or reward vehicles.

This does not necessarily mean that an O licence is required.

A section 19 operator would only require an O licence, transport manager etc if they operate the vehicle with a view to profit.

Section 22 drivers cannot be paid when driving a permit minibus.

The drivers licence would depend on the size and weight of the vehicle, whether paid, when they obtained the licence and where it was being driven.

Large buses 16+seats operated under a permit require to be driven by a full D licence holder regardless of whether the driver is paid or not.

Driving licences issued before 1997 can be used for driving permit mini-buses (9-16 seats) and the drivers can be paid to do so.

Licences issued since 1997 can be used to drive minibuses on the B entitlement on a not for hire or reward basis for social purposes for a non commercial body or under a section 19 or 22 permit. They must in both cases be over 21 and held a full B licence for two years and must be driving on a voluntary basis vehicles not exceeding MAM of 3.5 tonnes or 4.25 tonnes with lift. (This applies in the UK only)

For operation elsewhere in the EU permit drivers need a full D or D1.Licence.

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DRIVING TIPS

Turning right

When turning right at a road junction keep the steering wheels in the dead ahead position until the road is clear to cross. In the event of a rear end shunt to your vehicle the risk of being forced into the path of oncoming traffic will be reduced.

Turning right across double white lines

If turning right causes the vehicle to cross the double white lines the vehicle must be brought to a standstill before the right turn manoeuvre is commenced.

Left hand drive trucks

Drivers of these vehicles are now being issued with stick on Fresnel lenses for their offside cab windows at the entry ports. This improves the blind spot vision on the off-side of the vehicle.  Drivers on motorways should however ensure that they do not remain in the blind spot area to the offside of right hand drive vehicles for any longer than is necessary to carry out an overtaking manoeuvre.

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SPEED LIMITER LAW

Mini buses come in to scope on January 1st 2007. This the latest step in a phased implementation of the 1992 EU directive. The final part of the directive covering vehicles used only in the UK, over 8 seats and first registered after January 2005 will come into force on Ist January 2008.

The Latest change affects PCV`s over 8 seats(all weights) registered between 1st October 2001 and 31st December 2004 which are fitted with diesel, LPG or natural gas Euro3 engines. Petrol vehicles are unaffected. For vehicles of these types used outside the UK the change came into force on January 1st 2006.

Speed limiters should be set to a stabilized 100 km/hr and vehicles fitted with a speed limiter are automatically banned from the off-side lane of motorways having more than two lanes, regardless of weight or carrying capacity.

It expected after the final stage of the directive has been implemented, as above, after January 1st 2008 the national motorway speed limit for PCV`s will be lowered.

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CHECKING DRIVING LICENCES

Every drivers licence should be checked 6 monthly for new endorsements and entitlement to drive and to ensure that the driver remains in warranty from an insurance point of view – ie remains in the age range 25 to 70 and has the correct level of experience.

New recruits should be asked to complete the DVLA Mandate for release of information which for payment of a £5.00 per application fee provide the operator with a comprehensive full licence history.

These checks are vital to ensuring that your operators driving staff are totally legal and that there will be no insurance disputes at a later date.

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VOLUNTEER FORCES GAIN HOURS EXEMPTION

The EU Commission has agreed that UK professional drivers can take part in week-end Territorial Army, Royal Naval Reservists, Royal Marine Reservists and Royal Auxilliary Airforce exercises without breaking the EU Drivers` Hours regulations on weekly rest. A driver finishing normal driving duties on Friday can complete a 34 hour period of military training and then resume normal driving duties the following Monday providing certain safety requirements are met.

The exemption will apply to 15 days annual camp and 10 weekend training session per year that is a total of 35 days. The exemption will not apply if weekend training takes place on consecutive weeks, other thatn the 15 day annual camp.

A regular 11-hour daily rest must be taken between the end of weekend training and the start of duty for the primary employer. A full uninterrupted 45 hour weekly rest must be taken no later than the end of the sixth day (144 hours) from commencement of duty following a period of weekend training.

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BSOG – BUS SERVICE OPERATORS GRANT

 Formerly known as fuel duty rebate –  This is designed to refund 80% of fuel duty paid by operators on stage carriage services. Future rises in rebate will be linked to fuel efficiency improvements. Using a base year – either 2007-08 or 2008-09 and calculating fuel data in kilometres per litre from BSOG claims.. Where fuel consumption is at least 6% better in 2009-10 the BSOG is increased by 3% ie 1.3p per litre ie BSOG will increase from 43.21p per litre to 44.51p per litre. The higher rate will apply to services operated after 1st April 2010. Driver on road assessment and re-training will  ensure that this is achieved.

In addition a “low carbon emission bus” (LCEB) incentive of of 6p per kilometre will be paid.  An LCEB bus is defined as one having 30% lower carbon dioxide emissions than a Euro-3 bus of the same capacity. The LCEB is targeted at the users of hybrid buses.

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HOLIDAY PAY - NEW RULES

Minimum holiday pay entitlement will increase from 24 to 28 days (4.8 to 5.6 weeks) on April 1st 2009. Calculation of payments for regular part time drivers will be proportional ie working three days a week for 26 weeks per year  (based on a 5 day week after April 1st 2009) will be  5.6 x 3 x 26/52 = 8.4 days annual leave. For casual drivers (those with no regular contract or obligations either way) should be paid on a daily rate basis at a comparable rate with a full time driver. So if a full time driver is on an average daily rate (over 52 weeks ie 52 x 5 =260 days) of  £48.00  there should be a payment of  28 x 1/260 x 48 = £5.17 per day holiday pay for every day worked

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SHOWING FILMS ON BOARD COACHES

Fimbank distributors Ltd jointly owned by Warner Bros and Sony Pictures, have announced that they are introducing a new coach and bus licence for showing commercial videos and DVD`s on board vehicles. The cost will be £150+VAT for a multi-screened vehicle and £81+vat for a single screen. This licence will permit the showing of the films made by Warners & Sony as well as films distributed by MGM, Pathe, United Artists and may more.

Failure to have a vehicle and premises correctly licenced is an infringement of copyright law and can lead to prosecution by the Federation Against Copyright Theft (FACT)

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GRADUATED FIXED PENALTIES

This long awaited legislation is currently being operated by the police and VOSA will introduce on May 28th. It is being introduced to make roadside enforcement more effective and to bring foreign transport drivers “to book” in the way UK drivers are dealt with abrod and so redressing the balance. The number of different offences that the police and VOSA can issue fixed penalties is greatly increased. Any offences relating to tachograph, drivers hours and maintenance will come in scope. UK drivers will have to give a UK address and will have 28 days to pay the fixed penalty or opt for the case to go to court. Serious offences such as falsification of records will be heard in court. Defective brakes, steering or tyres will still be carry a spot fine of £60.00 to £120 and 3 penalty points. Foreign lorry drivers without a UK address will have to pay a deposit of £300 for each prosecutable offence or the actual fixed penalty which will be graduated  on the scale £30 to £200. For endorsable offences a UK driver must surrender their licences within 14 days – VOSA now have acquired rights to  endorse driving licences. Operators will be notified of  fixed penalties issued to drivers and the traffic commissioner will be notified of any endorsements on driving licences.

Drivers should ensure that the records they are carrying are in order and that they are satisfied after carrying out their own walk round check that the vehicle is roadworthy  at the commencement of duty.

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Highway Code Special Regulations Belgium

• Indicator lights are not required when entering a roundabout; they must be used, however, when leaving the roundabout.
• Vehicles of over 35ft (10.5 metres) long  are subject to an overtaking ban on all roads with the exception of carriageways with 3 lanes in the same direction.
• It is compulsory for vehicles of over 3.5t MAM (Maximum Authorised Mass), driving on a motorway with at least three lanes in the same direction, to use only the two lanes on the right side of the carriageway.
• It is forbidden for goods vehicles, buses and coaches of over 7.5t (MAM) to overtake during periods of precipitation.  This measure does not apply to overtaking vehicles travelling in the lane reserved for slow vehicles nor to overtaking agricultural tractors.
• The use of mobile phones while driving is forbidden, unless used with the appropriate “hands-off” equipment.
• It is compulsory to carry a fire extinguisher on board goods vehicles, and two fire extinguishers on board coaches.
• It is forbidden for vehicles with a MAM of over 7.5t to park for more than eight consecutive hours in a build-up area, except in those zones indicated by the relevant signpost.
• Use of a seatbelt is compulsory.  In the case of coach transport, passengers must wear seatbelts if the vehicle is so equipped.
It is compulsory for all drivers, whose vehicle has broken down where it is forbidden to stop, to wear a reflective waistcoat if they have to leave their vehicle.

 

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