CPA Bulletin

www.cpa.uk.net CPA Bulletin > August 2022 41 Q&As: 2 If the machine had been on site for a few weeks without incident, then it is more likely that the machine didn’t have an inherent fault, or a fault not ascertainable by reasonable examination when delivered to site, as outlined within clause 5(a) of the Model Conditions. The fact that the customer’s operator has to keep themselves acquainted with the ‘state and condition’ of the machine during the hire period by carrying out daily/weekly checks, would indicate that if a problemwas occurring then this should have been discovered during those checks. This is mentioned in clause 5(b), but also states that the customer is liable for any loss or damage should a machine continue to be operated when there is an underlying problem. This would tie-in with clause 13(b) - Hirer’s responsibility for loss and damage. The fact that the customer is claiming consequential losses - downtime for his workers - is addressed within clause 12. In this instance, you the Owner cannot be held liable for any of the customer’s losses which are outside your reasonable control. If your customer queries this response, then please get in touch. Can you advise whether we would be covered by the Model Conditions, where the customer is attempting to claim ‘down-time’ for his workers whilst themachine had broken down? Themachine had been on site for a fewweeks and was supplied without an operator. The weblink - www.gov.uk/guidance/drivers- hours-goods-vehicles/4-tachographs- rules#recording-other-work - will take you to the Gov.UK page on recording other work which details out the acceptable methods of recording their work and rest periods. From the information there, it would be possible to use any of the three methods to record the other work, so an analogue chart would suffice, but it would also be possible to give the drivers a blank print roll to use as DVSA have confirmed that the paper does not have to be first printed from the vehicle head in order for it to be a suitable record. We are a plant hire company, but also run a fleet of lorries too. We have recently read an article where the lawwill change on how LGV/ HGV drivers record their working and rest time. We have always utilised timesheets and diaries to record the ‘other working days, holidays, etc., and this is transferred onto our analysis system. The change in legislation suggests that this is unacceptable, and that the drivers have to use a digi-card - a printout from the digital tachograph, or an analogue chart to record each and every day and have at least 28 days’ information with themwhen driving a lorry. It seems to us that the easiest solution would be to give the drivers analogue charts to complete for non-driving days; however, we have been informed that you are not allowed to mix the analogue and digital systems. We are double checking the position, but wondered if the CPA had any advice or information regarding this situation? The Model Conditions - used for business-to-business hire agreements - can be used anywhere within the UK, but also where plant is being supplied to customers in other countries too. The Consumer Conditions - which are used when hiring out to non-business customers, i.e. home owners - can also be used anywhere within the UK. There are two sets of Consumer Conditions: one for plant supplied with an operator, and one for plant supplied without an operator. If you need further assistance on this, then please get in touch. We are CPA members, and I am just enquiring whether the terms focus on just England &Wales, or are the other devolved nations covered too? Would this also apply to the Consumer Conditions too? If we cross-hired in a machine and it had a puncture on site, would this be chargeable to us? With your point about punctures, if you look at clause 9(c) of the Model Conditions, the responsibility for punctures rests with the customer.