Out of Scope tacho driving means using your tachograph’s “OUT” setting. You can use this when driving off-road, on non-public roads, and in some cases, on public roads.
In this post we’ll outline the rules and regulations for Out of Scope tacho use.
At Anthony Jones we specialise in insurance for the transport and logistics sector. If you have any questions about your legal obligations as a driver or fleet manager, call us on 020 8290 9099 or email commercial.motor@anthonyjones.com.
Out of Scope Tacho Rules – The Essentials
There are strict rules concerning driving hours and tachograph use. However, when it comes to Out of Scope driving, the rules are comparatively flexible.
In short:
- There is no regulatory requirement for you to set certain activities as Out of Scope.
- You can only use this setting in certain situations.
- There are penalties for setting an activity as Out of Scope that should be classed otherwise.
When Should You Use Out of Scope?
You should use Out of Scope when you don’t want to use up your limited daily or weekly driving time on activities that, legally, should not count towards your drivers’ hours. In these situations, you don’t have to set your tachograph to Out of Scope. But if you don’t, the driving will count towards your hours.
Below we’ll list the scenarios where you might be allowed to set your tachograph to OUT.
Driving in Non-Public Areas
Any driving you do on non-public roads, or in non-public areas, can be classed as Out of Scope. Yet the moment you leave the non-public area and rejoin a public road, your driving will once again count as In Scope, and you will have to change your tachograph settings accordingly.
Here are some examples of the sort of non-public driving that you might choose to class as Out of Scope:
- Driving agricultural vehicles on farmland (though note that, if you use a public road to travel between fields, then any time on that public road will be In Scope).
- Moving vehicles around a yard or a depot, so long as you don’t use any public roads while doing so.
- Driving vehicles around a quarry.
Driving in Public Areas
In some very rare cases, you can classify your driving on public roads as Out of Scope. Essentially, if your driving is exempt from EU or AETR rules, then you may choose to set your tachograph as Out of Scope. You can read our full guide to tachograph exemptions.
Here are a few examples when driving on a public road might be considered Out of Scope:
- When you are driving a recovery vehicle within 100 km of your base, so long as the journey is for recovery purposes.
- If you’re driving a vehicle to a garage for servicing or maintenance.
- If you’re driving a vehicle for agricultural, farming, or forestry purposes, to transport goods – so long as you stay within 100 km of the vehicle’s base, and so long as you are using the vehicle for relevant operations (such as transporting produce, livestock, or machinery).
What Happens If I Don’t Come Out of the Out of Scope Setting?
As we mentioned above, if you’ve set your tachograph to OUT, then you must set it back to In Scope the moment you join a public road, or the moment your activity becomes In Scope.
If you do not, it will count as a tachograph infringement, which can result in severe penalties for you and your employer. You can learn more about tachograph infringements.
Are You Using Tachographs Correctly in Your Fleet?
John Donaghy, Senior Manager, Commercial Motor and Fleet Risks says:
“If you’re a fleet manager, you should understand and apply all tachograph rules correctly, and to train your drivers accordingly.
“Because of this, you may be held liable for all costs and damages should an incident ever occur as a result of tachograph infringements.
“At Anthony Jones, we can help you understand your legal obligations as a fleet manager, and we can also advise you on essential fleet risk management policies and procedures. We can then help you access bespoke commercial motoring insurance that will meet all of your cover requirements at a competitive price.”
If you have any questions about your legal obligations as a driver or fleet manager, call us on 020 8290 9099 or email commercial.motor@anthonyjones.com.
