tacho in a disco.

I may be hired to drive a landi disco, probably commercial model, with a tacho ; to deliver hospitality trailers weighing upto 3.5t. Could be couple of weeks.
Some employed drivers drive out with the trailer ,and a tacho card in.  After dropping, they remove the card, back to yard . Hitch up, tacho card in,and away.
This method according to them is legal, as they are following regulations whilst towing over the train weight of 3.5t,   and are just  another van ,when returning to yard.
Also , they commute in the same vehicle.
This to me, is all wrong. Should be tacho in all day regardless, no commute as its a company commercial , and tacho controlled so driving to and from work is still working time.
Advice please.

That's a strange one,

Logically speaking you are returning in a vehicle below 3.5t so Tacho rules do not apply.

It's like a HGV driver driving say from Derby to Scotland, running out of hours and then driving home in a car.
I know the Disco has a Tacho but if you are not carrying or drawing above the threshold there is no foundation in law. simply because the vehicle itself is below 3.5ton.

Hi There,

I think on occassions when swapping from tacho to non tacho working periods a manual record of driving hours has to be kept. I maybe wrong but this is what we were advised via the RHA last year. We had a 7.5t contract am and a van contract pm and I split between the two. Hope this helps. 

hi i am an ex hgv class 1 driver tell your work mates they are breaking the law you are bound by the tacho laws for the rest of the working week even if you put the tacho in for one job as soon as its used you come under the drivers work time directive and must record all driving for that week and ensure all breaks are taken at the correct times even if you dont tow for the rest of that week at work. also your correct weekly rest needs to be taken. if they get stopped and produce one tacho for that week and nothing else vosa will come down on them like a ton of bricks. also check that the company has an operators licence because even though 4x4s are exempt this new law it does not include comercial 4x4s with 2 seats. you can find all relevent info from vosas web site under tacho laws. its a real pain to get your head round it but its up to you to know the law and make sure you know more than vosa....speaking with 15 years experience of them..good luck