drivers hours

• Drivers' Hours and Records

  Basic Requirements
• Prior to the UK joining the EU in 1973, goods vehicle drivers' hours of work were controlled by the provisions of the Transport Act 1968
• On joining the EU, the majority of drivers of UK large goods vehicles became subject to EU rules
• The current version of the EU rules is contained in EU Regulation 561/2006
• EU Regulation 561/2006 applies to journeys to or through all 27 EU Member States and also to journeys to Switzerland and the EEA countries of Iceland, Liechtenstein and Norway
• Despite leaving the EU the UK will continue to follow EU rules when travelling to these countries
• Working time legislation also affects goods vehicle drivers
• For journeys outside the EU, the United National Economic Commission for Europe (UNECE) has created an international set of regulations known as AETR
• AETR rules are almost totally aligned with the EU rules in Regulation 561/2006
• EU Regulation 561/2006


  Applies to the drivers of all goods vehicles unless the vehicle being driven falls into one of a number of specific exemptions
• Vehicles whose drivers are exempt from EU rules


  • All goods vehicles not exceeding 3500 kg PMW
  • A number of larger vehicles used for specific purposes such as refuse collection vehicles and vehicles used by gas, water, and electricity organisations
• Drivers of vehicles which fall into one of these EU exempt categories will not be exempt from all rules - instead, in the UK, they will be subject to what remains of the 1968 Transport Act rules
• Domestic regulations


  The rules that apply to drivers of vehicles exempt from EU regulations
• Only drivers of vehicles used by the armed forces, the police and fire brigades are exempt from all controls
• Goods vehicles exceeding 3.5 tonnes permissible maximum weight (pmw)


  Drivers are subject to EU regulations when driving in the UK
• A number of vehicles exceeding 3.5 tonnes pmw are exempt from EU regulations but are still subject to Domestic regulations
• A full list of vehicles exempt from EU regulations is contained at Appendix 1
• Break


  A period where a driver is not undertaking any active duty and is used exclusively for recuperation
• After 4½ hours of driving, whether continuous or aggregated

  1. A break must be taken

  2. The driver may not do any further work, even non-driving work

  3. The only circumstance when a break may be ignored is where the driver completes a 4% driving period and then immediately begins a daily rest
• Break


  After a maximum of 4½ hours driving, a break of at least 45 minutes must be taken
• Break


  1. The break can be split into two smaller breaks, the first one of at least 15 minutes and the second one of at least 30 minutes

  2. When taking a split break drivers must make sure that the second portion is begun no later than when the 4½ hours driving limit is reached
• Where drivers spend part of their day driving on public roads and part on private sites, all time spent behind the wheel must be counted as driving
• Maximum daily driving time

  9 hours, may be extended to 10 hours on not more than two occasions per week
• Working day


  Begins at any time of the day or night that the driver commences work and continues until there is a daily rest period
• Maximum weekly driving time

  56 hours
• Maximum fortnightly driving time

  90 hours in any two consecutive working weeks
• Daily rest


  Any uninterrupted period during which a driver may freely dispose of their time, which is used exclusively for recuperation
• Daily rest period


  At least 11 consecutive hours, may be reduced to a minimum of 9 hours on up to three occasions between any two weekly rest periods
• Daily rest period


  May be split into two separate periods which must be completed within the 24 hours since work commenced, provided that the first period is not less than 3 hours, and the second period is at least 9 hours at the end of their shift
• Daily rest period


  May be taken in the vehicle if the driver chooses to do this, provided it is fitted with a bunk and the vehicle is stationary
• Multi-manned vehicles


  Each driver must take a rest period of at least 9 hours in a 30 hour period and is classed as one of the three allowed between two weekly rest periods
• When the vehicle is moving, the crew member not driving

  1. Is permitted to take the first 45 minutes of their non-driving period as a break

  2. The remainder of the time spent sitting in the vehicle as the non-driver must be recorded as a "Period of Availability"
• Weekly rest


  Two types: "regular" (at least 45 consecutive hours) and "reduced" (minimum of 24 hours)
• If a reduction of weekly rest is taken

  It must be compensated by equivalent rest taken 'en bloc' and attached to another rest period of at least 9 hours, before the end of the third week following the week in question
• Drivers undertaking international journeys are permitted to take two reduced weekly rest periods in a row in every four-week period provided that the driver in any four consecutive weeks takes at least four weekly rest periods, of which at least two shall be regular weekly rest periods
• After two consecutive reduced weekly rest periods, the compensation for both reductions must be taken en bloc before the end of six 24-hour periods after the second reduced weekly rest is completed, and that the compensated rest must be taken at 'home'
• Drivers are not permitted to take a regular weekly rest or compensation for weekly rest greater than 45 hours in the cab of a vehicle
• Emergencies


  A driver may depart from the hours regulations in order to reach a suitable stopping place, but only to the extent to ensure the safety of persons, vehicle or load
• In an emergency


  1. A driver may exceed daily and weekly driving time by one hour or (two hours following a 30 minute break) but only to reach the employer's operational centre or their place of residence for rest

  2. The extended period must be compensated for by adding the extra time taken en bloc to any rest period by the end of the third week following the week in question
• Drivers and operators must be aware of the limited application of the emergency provisions