EU RULES SUMMARY UPDATED 11TH APRIL 2007
(FOR ROAD TRANSPORT DIRECTIVE REGS SEE WTD RULES SUMMARY)
|00.00 HRS ON MONDAY TO 24.00 HRS ON SUNDAY
|DAILY DRIVING LIMIT
|9 HOURS MAY BE INCREASED TO 10 HOURS TWICE A WEEK
|DAILY REST PERIOD
11 CONSECUTIVE HOURS OF REST IN ANY 24 HRS. (CAN BE REDUCED TO 9 HRS 3 TIMES A WEEK )
|MAY BE TAKEN IN THE FORM OF TWO PERIODS - ONE OF 3 HOURS DURING THE DAY, AND ONE OF 9 HOURS OVERNIGHT
| DURING EACH PERIOD OF 30 HRS BOTH DRIVERS MUST HAVE A REST PERIOD OF AT LEAST 9 CONSECUTIVE HRS.
|CONTINUOUS DRIVING / BREAKS
|YOU MUST TAKE A BREAK OF AT LEAST 45 MINUTES FOLLOWING ANY PERIOD OF CONTINUOUS OR ACCUMULATED DRIVING TIME WHICH TOTALS 4½ HOURS UNLESS YOU BEGIN A DAILY OR WEEKLY REST. YOU MAY IF PREFERRED SPLIT THIS INTO TWO PERIODS, THE FIRST OF A MINIMUM OF 15 MINUTES, FOLLOWED BY A SECOND OF A MINIMUM OF 30 MINUTES. A BREAK MAY BE CLAIMED WHILST IN THE PASSENGER SEAT OF A MOVING VEHICLE. WHILST ON A BREAK YOU CAN NOT DO ANY WORK CONNECTED WITH THE VEHICLE. (SEE WTD RULES SUMMARY)
|WEEKLY DRIVING LIMIT
|A WEEKLY DRIVING TIME LIMIT OF 56 HOURS IS SET
WITHIN SIX 24 HOUR DRIVING PERIODS FROM THE END OF THE LAST WEEKLY REST PERIOD, A DRIVER WILL EXTEND A DAILY REST PERIOD INTO EITHER: A REGULAR WEEKLY REST PERIOD OF AT LEAST 45 HOURS, OR A REDUCED WEEKLY REST OF LESS THAN 45 HOURS BUT AT LEAST 24 HOURS. IN ANY TWO CONSECUTIVE WEEKS, A DRIVER SHALL TAKE AT LEAST TWO REGULAR WEEKLY REST PERIODS, OR ONE REGULAR AND ONE REDUCED WEEKLY REST PERIOD OF AT LEAST 24 HOURS. HOWEVER, THE REDUCTION SHALL BE COMPENSATED BY AN EQUIVALENT PERIOD OF REST TAKEN EN BLOC BEFORE THE END OF THE THIRD WEEK FOLLOWING THE WEEK IN QUESTION. (THIS COMPENSATION MAY BE ADDED TO A DAILY OR WEEKLY REST PERIOD).
|FORTNIGHTLY DRIVING LIMIT
| 90 HRS.
|THERE ARE NO DUTY LIMITS AS SUCH. HOWEVER THE DAILY REST REQUIREMENTS LIMIT THE NUMBER OF HOURS A DRIVER CAN WORK (SEE WTD RULES SUMMARY)
13 HOURS OR UP TO 15 HOURS 3 TIMES A WEEK
15 HOURS IF SPLIT REST IS TAKEN
21 HOURS IF DOUBLE - MANNED
CHANGES TO EU DRIVING RULES - 20TH AUGUST 2020
The changes to EU driving rules came into effect on 20th August 2020 as a result of Regulation (EU) 2020/1054 of the European Parliament and European Council dated 15th July 2020.
A summary of the key changes are as follows:
A requirement for drivers to "return home" every 4 weeks.
Transport Operators should organise drivers' work in a way which enables them to return to the operating centre where they are normally based and spend at least one regular weekly rest period (or a weekly rest period of more than 45 hours in compensation for a reduced weekly rest period) at their place of residence, within each period of four consecutive weeks.
A ban on taking regular weekly rest periods in the driver's vehicle.
Drivers should take their 45 hour weekly rest in suitable accommodation away from the vehicle's cab, the cost of which is to be met by the transport operator as the employer.
Some jurisdictions have been enforcing this already and some drivers have taken to taking tents with them as a means of satisfying this requirement. This will no longer be possible given the stipulations as to the nature of the accommodation must be provided - "They shall be taken in suitable gender-friendly accommodation with adequate sleeping and sanitary facilities."
A new definiton of "non-commercial carriage".
The new definition states that this is "carriage by road, other than carriage for hire or reward or on own account, for which no direct or indirect remuneration is received and which does not directly or indirectly generate any income for the driver of the vehicle or for others, and which is not linked to professional or commercial activity".
More flexibility on the scheduling of the rest periods for some drivers on international carriage of goods.
Rest periods for drivers engaged in long-distance international goods transportation should be flexible in order to allow drivers to reach their home for their regular weekly rest periods. This flexibility should not alter the current working timeof the drivers or the maximum fortnightly driving time. It should be subject to stricter rules on the compensation for reduced rates.
The regulation says this:
Under the same conditions, the driver may exceed the daily and weekly driving time by up to two hours, provided that an uninterrupted break of 30 minutes was taken immediately prior to the additional driving in order to reach the employer's operational centre or the drivers place of residence for taking a regular weekly rest period.
Any period of extension shall be compensated by an equivalent period of rest taken en bloc with any rest period, by the end of the third week following the week in question.
The driver must make a record of the reasons for this departure by no later than arrival at the stopping place.
Whilst the above points summarise the key changes, the devil is in the detail and operators should consider the actual regulations.
This new EU regulation amends existing EU legislation and with respect to drivers' hours the amended regulation is Regulation EU 561 of 2006. An amended version of that regulation does not yet appear to be available.
It is understood that the DVSA are going to update their Guide to Drivers' Hours which is now an online publication (previously GV262), but it is not yey known when the revised version of this guide will be available.
It is not yet clear quite how the DVSA will approach enforcement of these changes. This may be at the roadside, but will more likely be undertaken during TE visits or desk-based assessments when operators will be expected to produce evidence of bringing drivers home in accordance with the regulations and of the accomodation provided where regular weekly rests are taken away from base.
WTD Rules Summary
A new set of working time regulations came into force on the 4th April 2005. The regulations are called the Road Transport (Working Time) Regulations and they will affect mobile workers who are travelling in vehicles subject to the Community Drivers' Hours regulations(commonly known as the EU regulations) (3820/85/EEC). That means any vehicle which requires the use of a tachograph. Mobile workers are required to comply with these regulations as well as the existing Community Drivers' Hours regulations.
The new regulations introduce limits on weekly working time (excluding breaks and periods of availability) and a limit on the amount of duty that can be done at night. They also specify how much continuous work can be done before taking a break. Under the new regulations, working time for mobile workers must not exceed:-
An average 48 hour week
60 hours in a single week
10 hours in any 24 period if working at night
Who Is Affected?
Generally, drivers, vehicle crew and travelling staff of goods vehicles where the maximum permissable weight exceeds 3.5 tonnes. Typically this means:-
Drivers of vehicles with a tachograph in them (unless exempt)
Members of the vehicle crew
The regulations do not apply to occasional mobile workers. You are classified as an occasional worker if you worker fewer than 11 days in a reference period that is shorter than 26 weeks. As now, limits under the EU rules will apply to occasional mobile workers.
What Counts as Working Time?
Working time is not attendance or shift time. It does not include travelling between home and work (unless you are travelling to a place other than you own depot), breaks, periods of availability, evening classes or day release courses.
Working time includes job-related training associated with normal work and training that is part of the Company's commercial transport operation.
Working time for another employer counts towards the total working hours performed by the mobile worker.
Voluntary work and activities performed by mobile workers who are part-time retained fire-fighters, special constables and members of the reserve forces should not be counted towards these limits.
WHAT IS WORKING TIME?
The new regulations define working time as the time from the beginning of work, during which the mobile worker is at the disposal of the employer and exercising his functions or activities - that is to say;
The time devoted to all road transport activities including:-
Cleaning and Maintenance of vehicle
Work intended to ensure the safety of the vehicle or its cargo (e.g. supervising loading/unloading or daily defect check)
Time devoted to other activities:-
Time which the mobile worker cannot freely dispose of his/her time and is required to be at the workstation (typically this means the driver's cab) ready to take up normal work, with certain tasks associated with being on duty (e.g. working in warehouse, or in the yard, or any other activities for the yard or any other activities for the employer.)
Waiting time where the foreseeable duration is not known in advance, by the mobile worker, either before departure or just before the start of the period in question.
Working Time does not include:-
Routine travel between home and normal place of work
Rest and breaks when no work is done
Periods of availability
Evening classes or day-release courses
Voluntary work or time spent as a retained fire-fighter, special constable or member of the reserve forces.
What is a Period of Availability (POA)?
Generally speaking a POA is waiting time whose duration is known about in advance by the mobile worker. Under the regulations, these periods have to meet the following criteria:-
A mobile worker should not be required to stay at his workstation
(but) He must be available to answer calls to start work or resume driving on request, and
the period and the foreseeable duration should be known ablout in advance, by the mobile worker, either before departure, or just before the start of the period in question.
Examples of POA could include delays at loading/unloading points, accompanying vehicles on ferries, or sitting next to the driver while the vehicle is in motion (second man). If the vehicle breaks down and the mobile worker is told how long it will take to be rescued.
Like breaks and rest periods, a POA can be taken at the workstation. Providing the mobile worker has a reasonable amount of freedom(i.e. he can relax and read etc), for a known duration, this would satisfy the requirements for a POA. Where the mobile worker knows about the delay in advance, but it is deemed prudent that the driver should remain in the cab for reasons of security or safety, this should not in itself, disqualify this delay from being recorded as a POA. Typical examples might include waiting at a site that is unsuitable for pedestrians.
Mobile workers do not need to be formally notified about a POA and it's duration in advance, it is enough that they know about it (and the foreseeable duration), in advance.
POA does not apply to delays where the mobile worker has to continue working. For example, where the driver is diverted due to a road closure, he would still be driving. Delays due to congestion would also count as working time because the driver would be starting and stopping the vehicle. If the driver is monitoring loading/unloading, this is also working time.
There is no minimum or maximum period in order to count as POA.
POA is recorded using the Square on the tachograph
What is a Week?
The working week must start at 00:00 hours on Monday and finish at 24:00 hours Sunday.
Weekly Working Time Limits
Workers must not exceed an average of 48 hours working time a week over the reference period, neither may they exceed 60 hours working time in a single week. (a week always starts at 00:00 hours on Monday morning)
Workers covered by these regulations cannot opt-out from the average 48 hour weekly limit.
The statutory annual leave entitlement, sick leave, maternity or paternity leave cannot be used to bring down the average weekly working time.
Therefore 48 hours for every full week and 8 hours for each single day must be recorded for the time off mentioned above.
Any additional time off can be taken without having to put time back in, this would include bank holidays, providing they do not form part of your statutory holiday leave entitlement.
Working at Night
Night time is between midnight and 4am for goods vehicles
If night work is performed, the daily working time should not exceed 10 hours in any 24 hour period
If a mobile worker does any work during the night time period he will be subject ti the night time limit
The night time work limit can only be exceeded with a relevant agreement.
Work means driving and other duties, excluding breaks and PoA's
Rest and Break
Current EU Driver's hours apply
Current EU Driver's hours apply
Current EU Driver's hours apply but also:-
Mobile workers must not work more than 6 consecutive hours without taking a break
If working hours total between 6 and 9 hours a day, breaks totalling at least 30 minutes must be taken
Breaks should be of at least 15 minutes duration
When taking a break the driver must not perform any other work during this period. Breaks can be taken in the cab.
The requirement for breaks is triggered by the amount of work done, not by the length of shift or attendance time.
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W. Hamilton TMS Cumbria Ltd
Unit 3 Station Court
Phone: 01434 322879