EC or British Domestic Law?

Drivers of goods vehicles exceeding 3.5t maximum permissible weight (including the weight of any trailer drawn) must normally comply with the requirements of the EC law contained in EC Regulation 3820/85. There are many exemptions from this Regulation, a driver who comes within one of them is automatically subject to the British hours' law.

The British hours' law is contained in Section 96 of the Transport Act 1968. It also provides exemptions in a limited number of cases.

Drivers on international journeys which involve driving a vehicle in a country outside the Community, but which is a contracting party to the European Agreement on the Work of Crews of Vehicles engaged in International Transport (AETR), must comply with the hours' rules of that agreement for the whole of the journey - including that part in the UK.

If a vehicle is driven in a country which is neither in the European Union nor in AETR, such as Switzerland, Poland, Hungary, Romania, Bulgaria and Turkey, the driver must comply with that country's rules while there and, according to the other countries involved, the EC or AETR rules when outside that country.

EC Hours law

Application:

The EC hours law is contained in EC regulation 3820/85 and applies to carriage by road within the community. This is defined as any journey made on roads open to the public of a vehicle, whether laden or used for the carriage of goods.

Vehicles are motor vehicles, tractors, trailers and semi-trailers. A motor vehicle is 'any mechanically self propelled vehicle circulating on the road, other than a vehicle running on rails, and normally used for carrying goods'. These vehicles must be fitted with an EC approved tachograph to record the driver's hours.

A tractor is a mechanically propelled vehicle circulating on the road, other than on rails, and specially designed to pull, push or move trailers, semi­trailers, implements or machines. A trailer is any vehicle designed to be coupled to a motor vehicle or a tractor. A trailer can be any kind of trailer and is not confined to goods-carrying trailers. A semi-trailer is a trailer, without a front axle, coupled in such a way that a substantial part of its weight and the weight of its load is borne by the tractor or motor vehicle.

A driver is any person who drives the vehicle even for a short period or who is carried in the vehicle to be available for driving if necessary.

Driving time:

The daily driving period between any two daily rest periods or between a daily rest period and a weekly rest period, must not exceed nine hours, but twice a week it can be extended to 10 hours. After not more than six daily driving periods, a driver must take a weekly rest period unless, at the end of the sixth day, his total driving for the six days does not exceed the maximum possible in six daily driving periods.

The total period of driving in any fortnight must not exceed 90 hours. No limit is specified for weekly driving.

A week commences at 00.00hrs on a Monday and ends at 24.00hrs on the following Sunday.

Breaks:

After four and a half hours driving a driver must have a break of at least 45 minutes unless he is then beginning a daily rest period.

The 45 minute break can be replaced by breaks of at least 15 minutes each spread out over the driving period, or immediately after it so that the above requirement is complied with.

The European Court has ruled (1) where a driver has taken a 45 minute break, either as a single break or several breaks of at least 15 minutes during, or at the end of, a four and a half hour period, the calculation of four and a half hours' driving should begin afresh without taking into account the driving time and breaks previously completed by the driver and (2) the calculation of the four and a half hours begins at the moment the driver sets in motion the tachograph equipment and he begins driving.

During a break a driver must not carry out any other work, but waiting time and non driving time spent in a moving vehicle, on a ferry or train is not regarded as other work.

Daily Rest Period:

In each period of 24 hours a driver must have a daily rest period of at least 11 consecutive hours. It may be reduced to 9 hours not more than three times a week as long as the lost rest is compensated for before the end of the following week.

A rest is defined as any uninterrupted period of at least one hour during which the driver may freely dispose of his time.

On days when the daily rest period in not reduced it can be taken in two or three separate periods within the 24 hours. One of them must be at least eight consecutive hours and when a daily rest is broken in this way it must be increased to 12 hours.

If a vehicle is manned by two drivers, each driver must have a daily rest period of 8 consecutive hours within a 30 hour period.

The EC court has ruled that the period of 24 hours commences at the time the driver activates his tachograph following a weekly or daily rest period and, where the rest is taken in two or three separate periods, the calculation begins at the end of the eight hour period. A daily rest period may be taken inside a vehicle if it is fitted with a bunk and is stationary.

If a driver accompanies a vehicle which is carried by ferry or train, the daily rest period may be interrupted once on condition that:

1. the part of the rest period taken on land must be able to be taken before or after that part taken on the boat or train;
2. the period between the two parts is as short as possible and does not exceed one hour before embarkation or after disembarkation (Customs formalities being included in the embarkation or disembarkation operation);
3. during both parts of the rest period the driver has access to a bunk or couchette; and
4. the daily rest period is increased by two hours;

Weekly rest period:

During each week, one of the daily rest periods must be extended into a weekly rest period of 45 consecutive hours but it may be reduced to 36 hours, if taken at the place where the vehicle or driver is normally based, or to 24 hours if taken elsewhere.

When a weekly rest period shorter than 45 hours is taken, the reduction must be compensated for as a single rest period before the end of the third week following the week concerned.

A weekly rest period which begins in one week and continues into the following week may be attached to either of those weeks.

Rest taken to compensate for reduced daily or weekly rest periods must be attached to a rest period of at least eight hours and must be granted, at the driver's request, at the vehicle's or driver's base.

Delay relief:

Provided road safety is not jeopardised and to enable him to reach a suitable stopping place, a driver may depart from the EC Regulation to the extent necessary to ensure the safety of persons, the vehicle or its load. The reason must be recorded on the tachograph chart.

Summary of EC Drivers hours

Operations Covered

Drivers of vehicles used for carrying goods exceeding 3.5 tonnes GVW or, with trailer, 3.5 tonnes GTW.

Maximum Daily Driving Period

9 hours which may be extended to 10 hours not more than twice per week. This is the period at the wheel between two daily rest periods or between a daily and a weekly rest period.

Weekly Driving

After no more than 6 daily driving periods a driver must take a weekly rest period.

Total Fortnightly Driving

No more than 90 hours. A driver can drive for up to 56 hours in one week, but no more than 34 hours in the third following week.

Driving Time

A driver may drive for a total of 4.5 hours (continuous or accumulated) after which a break must be taken.

Breaks from Driving

After 4.5 hours driving, a driver must take a break of at least 45 minutes, unless the driver begins a rest period. The break can be split into shorter breaks of at least 15 minutes during the driving period or immediately after provided they total 45 minutes.

Daily Rest Period

11 consecutive hours rest must be taken in each 24 hour period. May be reduced to 9 hours provided any reduction is made up by the following week. A driver is allowed to split an 11 hour rest period into 2 or 3 periods provided one of the periods is at least 8 hours and the total is increased to 12 hours.

Weekly Rest Period

During each week (00.00 Monday to 24.00 Sunday) a daily rest period must be extended to a weekly rest period of 45 hours. This can be reduced to 36 hours if taken where the driver is usually based, or to 24 hours if taken elsewhere. Any reductions must be made up before the end of the third week.

Exemptions

A long list includes emergency vehicles, specialised vehicles used for emergency, rescue and medical purposes.

British Domestic Hours Law

Operations Covered:

Drivers of goods vehicles exempt from the EC law, including those not exceeding 3.5t maximum permitted weight, unless the operations are such that some other exemption applies. Drivers are required to keep records in accordance with British law, i.e. under section 98 of the Transport Act 1968.

Exempt from keeping written records are;

1. part time drivers, i.e. driving for not more than 4 hours on any working day and not going outside a radius of 50km from the operating centre;
2. drivers driving goods vehicles not requiring an 'O' licence;

Goods vehicles are (a) locomotives, motor tractors and articulated tractor units and (b) motor vehicles constructed or adapted to carry goods other than the effects of passengers.

Goods Vehicles:

If, on a working day, most of the time a driver spends in driving vehicles to which the British hours' law applies is spent in driving goods vehicles, he must not drive for more than 10 hours and the working day must not exceed 11 hours. A working day is;

1. any working period which is not added to another working period; or
2. where a working period is followed by one or more working periods in the 24 hours beginning with the start of the first working period, the total of the working periods falling within that 24 hours;

A working period is any period during which the driver is on duty.

A driver is not required to take breaks from driving or to take daily or weekly rest periods.

If, on a working day, a driver does not drive a vehicle to which the British hours' law applies, he is not subject to the working-day limit on that day.

If a driver does not drive for more than 4 hours on each calendar day of a working week (Monday to Sunday inclusive) he is exempt from the hours' law for the whole of that week.

In counting the above 10 hour and 4 hour driving periods no account is to be taken of driving a vehicle in the course of agricultural or forestry operations not on a road. Also excluded is off-road driving in quarrying, construction, reconstruction, alteration, extension or maintenance of a building or other fixed works of construction or civil engineering, including the construction, maintenance or improvement of roads.

Time spent driving in connection with the improvement or maintenance of a road is regarded as if it were spent off the road.

If a driver, in a working week, spends all of his driving time (apart from social, domestic and pleasure driving) which is subject to the British hours' law in driving a light goods vehicle.....

1. solely in connection with specified medical professions;
2. mainly in connection with carrying out any service of inspection, cleaning, maintenance, repair, installation orfitting;
3. solely while acting as a commercial traveller and the only goods carried are those for soliciting orders; or
4. solely in connection with cinematography, radio or television broadcasting;

.....he is exempt from the 11 hour limit on a working day which falls

wholly within that week.

A light goods vehicle is a goods vehicle not over 3.5 tonnes permissible maximum weight (including any trailer) or a dual-purpose vehicle.

Emergency work:

A driver who spends time on duty to deal with an emergency is exempt from driving and working-day limits on that day as long as he is not on duty (except to deal with an emergency) for more than 11 hours.

Emergencies, for goods vehicle drivers, are;

1. events which cause or are likely to cause such;
   • danger to life or health of individuals or animals;
   • serious interruption in the maintenance of public services for the supply of water, gas, electricity or drainage or of telecommunication or postal services;
   • serious interruption in the use of road, rail, ports or airports; or
2. events likely to cause such serious damage to property, as to necessitate taking immediate action to prevent the occurrence or continuation of such danger, interruption or damage.

Note:   No reference has been made to the driving hours of drivers driving passenger carrying vehicles.