EU RULES SUMMARY UPDATED 11TH APRIL 2007
(FOR ROAD TRANSPORT DIRECTIVE REGS SEE WTD RULES SUMMARY)
|A WEEK||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 )
|SPLIT REST||MAY BE TAKEN IN THE FORM OF TWO PERIODS - ONE OF 3 HOURS DURING THE DAY, AND ONE OF 9 HOURS OVERNIGHT |
|DOUBLE-MANNED|| 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.|
|DUTY LIMITS||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.
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Phone: 01434 322879 and ask for Billy or Linda