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23 May 2012, 09:30
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#21
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Member
Country: UK - England
Town: LEICESTER
Length: no boat
Join Date: Jan 2012
Posts: 53
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Still not answered my question ...
Were you more than 50 km from base as the crow flies (straight line)?
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23 May 2012, 09:41
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#22
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Member
Country: UK - England
Town: Plymouth
Length: 6m +
Join Date: Mar 2011
Posts: 2,693
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Listed as Menai so I'm guessing yes!
Peter @ Boatsandoutboards4sale ~ askboatsandoutboards4sale@sky.com ~ 07930 421007
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23 May 2012, 12:55
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#23
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Member
Country: UK - England
Length: no boat
Join Date: Jun 2011
Posts: 543
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Quote:
Originally Posted by ROG.
Still not answered my question ...
Were you more than 50 km from base as the crow flies (straight line)?
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NO. Sorry if I am not being clear.
The combined weight of trailer and vehicle was +3500kg. Therefore, de-facto, we needed a tacho.
However had we been within 50km travelling distance (as the crow flies distance is irrelevant, it is travelling distance and it is KM not miles) of our departure point then we wouldn't have needed a tacho.
However, when stopped, the police asked "where had we travelled from?" We answered "North Birmingham", and now we were in Knutsford that was more than 50km travelling, albeit we were only 7 miles from our home base.
The point I am making is:
1. We were only pulled because we were towing.
2. The police and VOSA are on the hunt to enforce this.
Hope this clears it up.
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Will.
"By skill not force."
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23 May 2012, 12:57
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#24
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Member
Country: UK - England
Length: no boat
Join Date: Jun 2011
Posts: 543
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Quote:
Originally Posted by ROG.
So was it outside the 50 km RADIUS?
[/LEFT]
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yes (see post above)
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Will.
"By skill not force."
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23 May 2012, 12:57
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#25
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Member
Country: UK - England
Length: no boat
Join Date: Jun 2011
Posts: 543
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Quote:
Originally Posted by Boats&Outboards
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My boat is in Menai, but during the week I am not.
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Will.
"By skill not force."
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23 May 2012, 15:25
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#26
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Member
Country: UK - England
Town: North Lincolnshire
Boat name: Mary Olwen
Make: Humber
Length: 6m +
Engine: OB, Petrol, 140HP
Join Date: Mar 2007
Posts: 151
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Quote:
Originally Posted by Silverfox
However had we been within 50km travelling distance (as the crow flies distance is irrelevant, it is travelling distance and it is KM not miles) of our departure point then we wouldn't have needed a tacho.
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Not according to the VOSA rules, it's a 50km radius from your 'base of operations'.
See GV262-03, p15 for exact wording.
http://www.businesslink.gov.uk/Trans...urs_1111_3.pdf
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23 May 2012, 20:54
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#27
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Member
Country: UK - England
Length: no boat
Join Date: Jun 2011
Posts: 543
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Agreed, but as we'd said where we travelled from and where we were going we got stiffed.
£1600 later for two digital tachometers, and 8 dvla applications plus cheques later for the digital driver cards and we're sorted!
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Will.
"By skill not force."
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23 May 2012, 21:00
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#28
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RIBnet supporter
Country: UK - England
Town: Hants
Length: 8m +
Engine: 300hp plus
Join Date: Sep 2007
Posts: 3,072
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I have a feeling there are many operators who use trailers who may not have realised these tacho rules despite a lot written on forum. Even with Olympics at Weymouth how sure is everyone travelling that they are ok? I know I now need a tacho
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24 May 2012, 09:52
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#29
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Member
Country: UK - England
Town: LEICESTER
Length: no boat
Join Date: Jan 2012
Posts: 53
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Quote:
Originally Posted by Silverfox
However had we been within 50km travelling distance (as the crow flies distance is irrelevant, it is travelling distance and it is KM not miles) of our departure point then we wouldn't have needed a tacho.
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WRONG WRONG WRONG !!!
The LAW states RADIUS which means as the crow flies
I AM RIGHT
http://eur-lex.europa.eu/LexUriServ/...01:0013:EN:PDF
(d) vehicles or combinations of vehicles with a maximum
permissible mass not exceeding 7,5 tonnes used:
— for carrying materials, equipment or machinery for
the driver's use in the course of his work.
These vehicles shall be used only within a 50 kilometre
radius from the base of the undertaking, and on
condition that driving the vehicles does not constitute the driver's main activity;
YOU CANNOT BE PROSECUTED IF WITHIN THE 50 KM RADIUS
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24 May 2012, 12:41
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#30
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Member
Country: UK - England
Length: no boat
Join Date: Jun 2011
Posts: 543
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Quote:
Originally Posted by ROG.
WRONG WRONG WRONG !!!
The LAW states RADIUS which means as the crow flies
I AM RIGHT
http://eur-lex.europa.eu/LexUriServ/...01:0013:EN:PDF
(d) vehicles or combinations of vehicles with a maximum
permissible mass not exceeding 7,5 tonnes used:
— for carrying materials, equipment or machinery for
the driver's use in the course of his work.
These vehicles shall be used only within a 50 kilometre
radius from the base of the undertaking, and on
condition that driving the vehicles does not constitute the driver's main activity;
YOU CANNOT BE PROSECUTED IF WITHIN THE 50 KM RADIUS
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You maybe well be right. But standing on the hard shoulder of the M6 without access to the precise clause and subsections of the act, it is a little difficult to argue the point.
Also we were fined £200, however if VOSA had caught us they impound the vehicle, and the fine is £6K.
But above anything else, we do need tacho's day to day - so we have them now, and they in essence have cost £100 each more than they should have.
However if you want to take on my case in Court on a no win no fee basis, and underwrite any further costs / fines that might come our way etc etc - fill your boots and send me a PM.
__________________
Will.
"By skill not force."
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24 May 2012, 12:42
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#31
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Member
Country: UK - England
Length: no boat
Join Date: Jun 2011
Posts: 543
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Quote:
Originally Posted by ROG.
WRONG WRONG WRONG !!!
The LAW states RADIUS which means as the crow flies
I AM RIGHT
http://eur-lex.europa.eu/LexUriServ/...01:0013:EN:PDF
(d) vehicles or combinations of vehicles with a maximum
permissible mass not exceeding 7,5 tonnes used:
— for carrying materials, equipment or machinery for
the driver's use in the course of his work.
These vehicles shall be used only within a 50 kilometre
radius from the base of the undertaking, and on
condition that driving the vehicles does not constitute the driver's main activity;
YOU CANNOT BE PROSECUTED IF WITHIN THE 50 KM RADIUS
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One more point; the vehicle wasn't being used within 50km of the base - it had been to Birmingham, more like 50 miles from base - that is the issue.
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Will.
"By skill not force."
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24 May 2012, 13:43
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#32
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Member
Country: UK - England
Town: North Lincolnshire
Boat name: Mary Olwen
Make: Humber
Length: 6m +
Engine: OB, Petrol, 140HP
Join Date: Mar 2007
Posts: 151
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Quote:
Originally Posted by Silverfox
Agreed, but as we'd said where we travelled from and where we were going we got stiffed.
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I agree that in this case you were done bang to rights, but I think it's important that the facts (regarding the 50km limit) are correct for anyone else reading the thread.
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24 May 2012, 13:54
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#33
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Member
Country: UK - England
Length: no boat
Join Date: Jun 2011
Posts: 543
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Agreed.
__________________
Will.
"By skill not force."
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24 May 2012, 14:20
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#34
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Member
Country: UK - England
Town: LEICESTER
Length: no boat
Join Date: Jan 2012
Posts: 53
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Quote:
Originally Posted by Silverfox
One more point; the vehicle wasn't being used within 50km of the base - it had been to Birmingham, more like 50 miles from base - that is the issue.
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AH!!
That changes things a LOT
In that case they gotcha banged to rights
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24 May 2012, 14:27
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#35
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Member
Country: UK - England
Town: Southampton
Make: ZAR
Length: 9m +
Join Date: Jul 2006
Posts: 141
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Which tacho system did you buy and where from?
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WWW.BOATSMART.CO.UK
RIBs, Tenders, Dinghies and inflatable Kayaks and SUPs in stock at our Swanwick, Hampshire showroom
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24 May 2012, 16:51
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#36
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Member
Country: UK - England
Town: Dorset & Hants
Boat name: Streaker/Orange
Make: Avon/Ribcraft
Length: 4m +
Engine: 50Yam/25 Mariner
Join Date: Apr 2007
Posts: 5,551
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What seems daft is I can hitch up my own huge boat & trailer ( within my licence limits) and drive all over the place with no regard for how long I've been driving, how tired I am and potentially have less skill than a 'commercial' rig and no one bats an eyelid at me ......
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24 May 2012, 17:43
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#37
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Member
Country: UK - England
Town: LEICESTER
Length: no boat
Join Date: Jan 2012
Posts: 53
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Quote:
Originally Posted by PeterM
What seems daft is I can hitch up my own huge boat & trailer ( within my licence limits) and drive all over the place with no regard for how long I've been driving, how tired I am and potentially have less skill than a 'commercial' rig and no one bats an eyelid at me ......
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same for a private 7.5 tonne C1 LGV
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24 May 2012, 20:56
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#38
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Member
Country: UK - England
Length: no boat
Join Date: Jun 2011
Posts: 543
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Quote:
Originally Posted by Powerboats
Which tacho system did you buy and where from?
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I'm not sure, I haven't organised it - just paid for it!
__________________
Will.
"By skill not force."
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24 May 2012, 20:57
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#39
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Member
Country: UK - England
Length: no boat
Join Date: Jun 2011
Posts: 543
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Quote:
Originally Posted by PeterM
What seems daft is I can hitch up my own huge boat & trailer ( within my licence limits) and drive all over the place with no regard for how long I've been driving, how tired I am and potentially have less skill than a 'commercial' rig and no one bats an eyelid at me ......
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What I don't get is what the tachometer is for in our instance.....
The whole thing is daft, soon our bananas will have to be straight!
__________________
Will.
"By skill not force."
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24 May 2012, 21:31
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#40
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Member
Country: UK - Scotland
Town: Glasgow
Boat name: stramash
Make: Tornado
Length: 5m +
Engine: Etec 90
Join Date: Feb 2006
Posts: 5,090
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Quote:
Originally Posted by Silverfox
What I don't get is what the tachometer is for in our instance.....
The whole thing is daft, soon our bananas will have to be straight!
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Mine have been for a while .. I'm sick of this euro trash .. sooner or later the euro world will realise why we are stuck in the slow lane whilst everyone is overtaking us
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