Hansard
I turn to the Drivers’ Hours (Good Vehicles) (Modifications) Order 1986. This draft instrument is made under the powers in section 96(12) of the Transport Act 1968 to modify the domestic drivers’ hours code for goods vehicles which are outside the scope of the EC regulations. Under regulation 2 all of the domestic drivers’ hours code is disapplied except for the daily driving limit in section 96(1) and the daily duty limit in section 96(3)(a). The time structure provided by a limit on spreadover in 96(3)(b) is removed. In consequence of the disapplication of section 96(4) of the 1968 Act, which provided for a statutory period of rest between two successive days, the definition of “working day” is amended. Regulation 3 replaces the existing provisions which provide for further exemptions for light goods vehicles with new provisions which have been altered to take account of the fact that all the domestic drivers’ hours code, except for the two provisions on daily driving and daily duty mentioned, are disapplied under regulation 2.
Before these regulations were laid before the House, the 1968 regulations provided for up to 10 hours driving at the wheel, up to 11 hours on duty, including driving, up to 12½ hours spread over–that is, booking on and booking off – and at least a half hour break for rest and refreshment after 5½ hours on duty. There were at least 11 hours of consecutive duty.
Maximum driving time
3.6 In any working day the maximum amount of driving permitted for goods and passenger vehicles throughout the UK is 10 hours. This also includes any time spent driving under the EU or AETR rules.
Maximum duty time
3.7 Duty time includes all periods of work and driving, but does not include rest or breaks.
3.8 For drivers of goods vehicles in GB, in any working day the maximum amount of duty permitted is 11
hours. A goods vehicle driver is exempt from this daily duty limit on any working day when he does not drive.
A goods driver who drives for less than 4 hours on every day of the working week is exempt from the duty
limits for that working week. Other than a longer maximum duty limit of 14 hours, the NI Domestic Rules are the same as in GB.
Breaks
3.10 For drivers of goods vehicles, there are no break requirements in GB. In NI, after 5 hours of continuous driving a break of at least 30 minutes must be taken.
Daily rest
3.12 For drivers of goods vehicles, there are no daily rest requirements in GB. In NI, in any period of 24 hours, the period for rest is 10 consecutive hours.
Weekly/fortnightly rest
3.14 For drivers of goods vehicles, there are no weekly or fortnightly rest requirements.
Record keeping requirements
3.16 Unlike the EU Rules, the Domestic Rules do not require the use of a tachograph to record the driver’s
activity.
3.17 There is a manual record keeping requirement for in-scope goods vehicles that require an Operator Licence
(i.e. most vehicles over 3.5 tonnes). Drivers are required to record their hours of work manually on a weekly
record sheet (in a log book kept in their vehicle) which operators are expected to check and sign each week.
Alternatively, an EU-approved and sealed tachograph may be used. When recording in this manner, and where domestic records are legally required, all the EU Rules on the fitment and use of the tachograph must be complied with.
Enforcement
3.19 The Vehicle and Operator Services Agency (VOSA) has responsibility for enforcing the Domestic Rules in GB and the Driver and Vehicle Agency (DVA) has responsibility for enforcing the NI Domestic Rules. The
Police also have the power to prosecute where the Domestic Rules have been breached.
Obligations and penalties
3.21 Operators of transport undertakings have legal responsibilities and liabilities for their own compliance with the Domestic Rules and that of the drivers under their control. Individual drivers are also responsible for ensuring they adhere to the Domestic Rules.
3.22 If any of the requirements are contravened the driver and any other person (an employer or person to whose orders that driver was subject) who caused or permitted the contravention is liable to a fine. Breaches of the Domestic Rules can also be referred to the Traffic Commissioner in GB and to the Department of the
Environment in NI who could consider whether or not the driver/operator should be considered fit to hold an
appropriate licence to drive/operate.
3.23 The law protects from conviction those drivers who can prove that, because of unforeseen difficulties, they were unavoidably delayed in finishing a journey and breached the Domestic Rules as a result. It also protects employers if any driver was involved in other driving jobs that the employer could not have known about.
The above was the regulation in force at 2009