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Case Study 36

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Steve & Don own a tractor unit fitted with an analogue tachograph and are both registered on the operator's licence. They are multi-manning. Steve is driving and Don is in the passenger seat. Steve gets pulled over by a DVSA officer for having a worn tyre. Don has 21 hours on his DQC which expires in 2 months' time.

There are 7 multiple choice questions in this case study. Read this carefully and ensure you fully understand the scenario before starting the test. You need to score 6 out of 7 to pass.

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A 14 hours
B 15 hours
C 27 hours
D 7 hours
Correct Answer: A 14 hours
Explanation: 14 hours is the correct answer since Annex 1, Section 4 of EU Directive 2003/59 requires drivers to undergo 35 hours of training every 5 years and we are told that Don has 21 hours on his DQC so far (21 + 14=35), and it expires in 2 months' time.
A Both Steve and Don
B Don
C Neither as the offence would go against the operator's licence
D Steve
Correct Answer: D Steve
Explanation: • Don: No, where one of a set of partners commits a driving offence, the other partner(s) is/are not vicariously liable as they are not in a master/servant relationship so only the partner driving can be prosecuted. The offence however could affect the operator licence if both individuals are operating this licence as a partnership.
• Both Steve and Don: No, where one of a set of partners commits a driving offence, the other partner(s) is/are not vicariously liable as they are not in a master/servant relationship so only the partner driving can be prosecuted. The offence however could affect the operator licence if both individuals are operating this licence as a partnership.
• Neither as the offence would go against the operator's licence: No, although the offence could have an impact on the operator licence held by the partnership and therefore would affect both individuals, only Steve could be 'prosecuted'.
• Steve: Yes.
A Both Steve and Don
B Don
C Neither as the points would go against the operator's licence
D Steve
Correct Answer: D Steve
Explanation: • Don: No, only the driver can receive penalty points for this type of offence.
• Both Steve and Don: No, only the driver can receive penalty points for this type of offence.
• Neither as the points would go against the operator's licence: No, the driver can receive penalty points for this type of offence.
• Steve: Yes, only the driver can receive penalty points for this type of offence.
A No because the vehicle is not fitted with a bunk
B No, you cannot take daily rest in a moving vehicle
C Yes providing he is not undertaking other work such as map reading
D Yes providing the vehicle is fitted with a bunk
Correct Answer: B No, you cannot take daily rest in a moving vehicle
Explanation: • Yes providing the vehicle is fitted with a bunk: No, a driver can only take a daily rest on a vehicle if it is stationary.
• Yes providing he is not undertaking other work such as map reading: No, a driver can only take a 'daily rest' in a vehicle if that vehicle is stationary. He could however take a 'break' on a moving vehicle.
• No because the vehicle is not fitted with a bunk: No, we are not told whether or not the vehicle is fitted with a bunk so, although possible a correct answer, it is not the best one here.
• No you cannot take daily rest in a moving vehicle: Correct.
A 11 hours rest in 24 hours
B 11 hours rest in 30 hours
C 9 hours rest in 24 hours
D 9 hours rest in 30 hours
Correct Answer: D 9 hours rest in 30 hours
Explanation: • 9 hours rest in 24 hours: No, Article 8(5) of EU 561/2006 states that where a vehicle is multi-manned, each driver must take a daily rest of 9 hours in every period of 30 hours.
• 11 hours rest in 24 hours: No, Article 8(5) of EU 561/2006 states that where a vehicle is multi-manned, each driver must take a daily rest of 9 hours in every period of 30 hours.
• 11 hours rest in 24 hours: No, although this would not be illegal. Article 8(5) of EU 561/2006 states that where a vehicle is multi-manned, each driver must take a daily rest of 9 hours in every period of 30 hours.
• 9 hours rest in 30 hours: Yes.
A Break
B Driving
C Other work
D Period of availability
Correct Answer: A Break
Explanation: • Driving: No, he is not driving so this would clearly be illegal and, in any case, the tachograph cannot record "driving" in the second man position.
• Period of availability: No, as this would miss the opportunity for Don to take a break.
• Other work: No, this would then eat into Don's working time and would only be applicable if he were actually doing some other work e.g. navigating.
• Break: Yes.
A Break
B Break if he is carrying out no other work e.g. navigating
C Other work
D Period of availability
Correct Answer: B Break if he is carrying out no other work e.g. navigating
Explanation: • Break: This is almost correct, but it is not the BEST answer here. 'Break' should be selected for the passenger - so long as they are not doing other work.
• Period of availability: No, as this would miss the opportunity for Don to take a break.
• Other work: This would be correct if Don WAS 'doing other work' - but the question does not mention any. Selecting 'Other work' when Don is NOT doing other work, would eat into Don's working time and would only be applicable if he were actually doing something like navigating or paperwork.
• Break if he is carrying out no other work e.g. navigating: Yes - this is the BEST answer of those available.