Drivers Hours Regulations
If your DQC has expired anywhere from 1 February 2020 to 31 August 2020, the Government has extended the DQC by 7 months. Read about it here.
Currently CPC courses and dangerous goods courses are classed as educational, so will continue through November 2020.
Drivers' Hours Rules
Check your CPC training by going to the Government website here.
Lorries have always been a popular way of transporting goods - this has been so following the invention of tarmac in Derbyshire in 1901. Now, as much as 85% of all the products purchased in the UK have spent time through the UK road haulage industry.
On 11 April 2007, Regulation (EC) No 561/2006 replaced the older Council Regulation (EC) No 3820/85.
These regulations applied to drivers of most commercial vehicles (including passenger vehicles) over 3.5 tonnes within the UK or between the UK and other EU and EEA countries and Switzerland. Vehicle operations that take place off the public road system, or vehicles that are never used to carry goods on a public road are deemed to be out of scope.
Off road driving counts if some driving occurs on a public road. If all driving occurs off the public road network, it is recorded as other work.
There are several sets of rules that govern commercial driving in the UK, including GB domestic rules, EU regulations, working time regulations and AETR rules.
Which set of rules to follow is governed by the type of driving, the type of vehicle driven and the countries travelled through.
The AETR rules are the same as the EU rules with respect to drivers hours.
Drivers must fully account for their time - including driving, breaks, rests and other work.
1. EU Driving
9 hours daily driving limit (can be increased to 10 hours twice a week)
Maximum 56 hours weekly driving limit
Maximum 90 hours fortnightly driving limit
45 minutes break after 4.5 hours driving
A break can be split into two periods, the first being at least 15 minutes and the second at least 30 minutes (which must be completed after 4.5 hours driving)
Breaks can be taken in vehicles as long as the driver does no work.
11 hours regular daily rest (which can be split into a minimum 3 hour plus 9 hour);
Rests can be reduced to 9 hours no more than three times a week.
45 hours weekly rest, which can be reduced to 24 hours, provided at least one full rest is taken in any fortnight. Any reduction has to be taken in one block before the end of the third week following and attached to either a weekly or daily rest.
There should be no more than six consecutive 24 hour periods between weekly rests (144 hours).
Rests can be taken in vehicles (not moving) with suitable sleeping facilities. The driver does no work (including training or self employment).
Ferries and Channel Tunnel Crossings
A regular rest (one that is at least 11 hours long) can be interrupted twice for up to an hour maximum to allow for moving onto and off the ferry/train.
PCV Specific rules
The rules cover vehicles permanently designed to carry 8 passengers plus the driver.
Drivers on occasional international coach trips (at least 24 hours through at least two countries) can postpone weekly rests up to 12 days from the last weekly rest, providing they take two weekly rests back to back (one of which may be a reduced one). Vehicles must be fitted with digital tachographs for this. Also, if driving from 22:00 and 06:00, the vehicle must either be multi-manned or the driving shifts are reduced to 3 hours rather than the usual 4.5 hours. Should the trip end before the 12 days, two weekly rests are taken.
LGV Specific rules
Weekly rests: The rest cannot be taken in the vehicle and must use 'suitable gender-friendly accommodation with adequate sleeping and sanitary facilities.’ And, ‘any costs for accommodation outside the vehicle shall be covered by the employer.’
Drivers on international transport of goods must return back to the operational centre or the driver's residence at least once every 4 weeks for a weekly rest that is at least 45 hours long (or longer if weekly rest compensation is paid back). Also, drivers can take two consecutive reduced weekly rests provided that in four weeks, two of the weekly rests are regular ones.
Provided that road safety is not jeopardised, drivers can depart from the rules to the extent necessary to ensure the safety of people, the vehicle or the load.
Drivers record the reasons on the back of the tachograph record when they have stopped.
it must be unexpectedly impossible to comply with the rules - weather, road traffic incidents, breakdowns, ferry problems are examples of reasons.
Planned breaches are not allowed.
The driver alone must make the decision to breach the rules, but repeated occurrences are not allowed.
If the driver's vehicle is not at the driver's home or operational centre, the time spent travelling to the vehicle cannot be counted as a rest or a break (unless on a ferry/train with a bed), regardless of whether the driver is paid or not.
The same driving hours rules applies for each driver.
The maximum driving time for a two man team is 20 hours (with an optional extra hour for commuting though this is classed as other work).
The 24 hour day is extended to 30 hours for multi-manning.
The first 45 minutes of a POA (period of availability) for driver 2 is classed as a break even though the tachograph may not record this, provided driver 2 does no work.
Exemptions from EU rules
Vehicles limited to 40 kph;
Armed forces, civil defence, fire services;
Aid and rescue operations;
Medical vehicles (eg. blood, MRI, cancer screening, etc.)
Breakdown recovery vehicles within 100km;
Unregistered vehicles not yet put into service;
Vehicles undergoing road testing (eg. autonomous driving development);
Passenger vehicles on regular service routes or special regular services not exceeding 50km;
Vehicles up to 7.5T used for the non-commercial carriage of goods;
Vehicles up to 7.5T used to carry people, materials and equipment as part of work to 100km, but not specifically paid to drive (including the Royal Mail);
Vehicles with historic status (i.e. more than 25 years old), not carrying loads or passengers;
Local authority services;
Railway and waterways maintenance;
Vehicles used within agriculture, horticulture, forestry, farming or fishing within 100km as part of their own entrepreneurial activities.
Agricultural / forestry tractors within 100km;
Vehicles transporting animals between farms & markets, or between markets and slaughterhouses;
Fallen livestock services where carcasses are not for human consumption;
Vehicles used for driver training;
Emergency situations such as: danger to life or health of people/animals; serious interruption of essential services (gas, water, electricity, drainage); telecommunications and postal services; use of roads, railways, ports, airports; serious damage to property;
Vehicles operating on islands separated from the UK mainland up to 2300 square kilometres;
Vehicles up to 7.5T powered by gas or electricity;
Household refuse collection;
Radio and TV broadcasting (and detection);
Drivers are already permitted to depart from the rules in exceptional circumstances (Article 12.) It will now, in addition, be possible ‘provided that road safety is not thereby jeopardised, in exceptional circumstances’…
to exceed daily and weekly driving time by up to 1 hour in order to reach the operating centre or the driver’s place of residence to take a weekly rest period
to exceed daily and weekly driving time by up to 2 hours so long as an uninterrupted break of 30 minutes is taken immediately prior to the additional driving, again to reach the operating centre or the driver’s place of residence, to take a regular weekly rest period.
This list is not exhaustive - more information can be found It is strongly recommended to seek legal advice if you believe you are exempt from drivers hours regulations or driver CPC requirements.
2. GB Domestic Regulations
If a driver is exempt from EU rules, then GB domestic rules are followed (except for private driving, military, police and driving totally off the public road network).
Maximum of 10 hours daily driving (off road counts but agriculture, quarrying, forestry, building and civil engineering is exempt);
Duty limit (i.e. working time) of 11 hours (however those who drive less than 4 hours each day are exempt);
Health checks for night workers;
Entitlement to adequate rest
3. Working Time Regulations
Applies to any driver in scope of EU or GB Domestic rules.
Drivers must notify each employer (if more than one) of working time;
Working time must not exceed average of 48 hours a week or 8 hours a day (no opt out) averaged over 17 or 26 weeks reference period
Maximum working time of 60 hours in one week (provided average not exceeded)
Annual holidays: entitlement to 5.6 weeks paid annual leave (4 weeks neutral, 1.6 weeks bank holidays);
4 weeks annual, sick and parental leave cannot bring the average down.
Maximum working time of 10 hours if night work (00:00 - 04:00 for LGV, 01:00 - 05:00 for PCV) unless agreed under collective workforce agreement.
Cannot work for more than 6 hours without a break. A break should be at least 15 minutes long
30 minute break if working between 6 and 9 hours in total
45 minute break if working more than 9 hours in total
A popular misunderstanding about WTD breaks goes along the lines of requiring a 30 minute break at 6 hours. This is untrue - a 15 minute break is required at 6 hours, a total of 30 minutes is required up to 9 hours.
The fixed week starts at 00:00 Monday morning through to the following Sunday midnight - ie. 7 x 24 hours. A driver may have a different working week time, but tachographs record on this fixed week.
Annual holidays: entitlement to 5.6 weeks paid annual leave (4 weeks neutral, 1.6 weeks bank holidays).
Mixing EU/AETR and GB Domestic Rules
Drivers will often drive under different rules, sometimes even in the same day. For PCV drivers, there is no requirement to record GB domestic driving. For LGV drivers, GB domestic working is recorded via logbooks and tacho records, however mixing the rules requires all activities to be logged within EU regulations.
For LGV drivers:
The time you spend driving under EU rules cannot count as a rest or break under GB domestic rules.
Driving and duty under GB domestic count as other work under EU (but not break or rest).
Driving or working (duty) under EU/AETR is counted towards driving and duty under GB domestic limits.
Any driving under EU rules in a week means that you must take a daily rest period on those days when you actually drive under EU rules, as well as a weekly rest period
Alternately all driving / work can be recorded under EU rules when rules are mixed.
A maximum of 10 hours of driving a day must always be obeyed for the GB domestic regulations. If any EU driving occurs, the EU driving limits are observed.
Other duty limits
GB domestic rules give a maximum of 11 hours for duty. However, when working under EU rules you must the rules on breaks, daily rest (only on those days when actually driving) and weekly rest apply.
Rest periods and breaks
EU rules on rest periods and breaks on days and weeks apply when driving in scope of EU rules is carried out.
A weekly rest period is only required in a fixed week when drivers drive under EU rules.
If a driver works under EU rules in one week and under GB domestic rules in the following week, the driver may take either a regular or a reduced weekly rest in the first week (if a reduced weekly rest is taken, compensation will be required by the end of the third week.)
Where a driver works under GB domestic rules in week one and the EU rules in week two, the weekly rest required in week two must start no later than 144 hours following the commencement of duty on or after 00.00 hours on Monday.
Another example. A driver operates under GB domestic regulations in week one up until Saturday, then starts operating under EU regulations at 7am on Monday, week two. The weekly rest in required following week two no later than 144 hours from Monday 7am, ie. the weekly rest must start at 7am Sunday on week two at the latest.
Any previous work (including out-of-scope driving in that week) are recorded as 'other work' on tachographs.
For the Government wording on this, go to https://www.gov.uk/guidance/drivers-hours-goods-vehicles/3-mixed-eu-aetr-and-great-britain-domestic-driving
Official recommended links: