Daily Checks and Drivers Hours
9 hours may be extended to 10 hours no more than twice a week in one week
Limit of 56 hours in a week. Any fortnightly driving must not exceed 90 hours in any two consecutive weeks. e.g. one week 56 hours following week 34 hours.
At least 45 minutes break after 4.5 hours of continuous or aggregate driving, but this can be split into two portions, the first must be at least 15 minutes and the second must be at least 30 minutes.
The normal or regular daily rest requirement is at least 11 hours, but there is provision to reduce this to a minimum of 9 hours no more than three times between any two weekly rest periods.
Split Daily Rest
A split regular daily rest period of 12 hours, taken in two separate periods, the first being a minimum of 3 hours and the second at least 9 hours
The normal weekly rest is an uninterrupted period of at least 45 hours. Weekly rest can be reduced to a minimum of 24 hours whether the rest is taken at base or away from base, but a full 45 hour rest must be taken at least once in each two week period.
Compensation for reduced weekly rest must be provided by the end of the third fixed week in which the reduction takes place, but must be added to another rest period of at least 9 hours.
Double Manning Daily rest concession-In a double manned vehicle each driver will require a minimum daily rest of 9 hours in each period of 30 hours
In order to take advantage of this concession, both drivers must be present in the vehicle for the whole journey except for the first hour
This allows for the possibility of the first driver collecting the second driver on-route and both drivers still being able to take advantage of the concession.
Daily rest where vehicle is on train or ferry-A full 11 hour rest periods must be taken which can be interrupted up to twice but the total time of the interruptions must not exceed 1 hour . There is no requirement for part of the rest periods to be taken on land.
Rests taken in vehicle
Drivers will be able to take daily rests and reduced weekly rests away from base in a stationary vehicle provided it has suitable sleeping facilities. However, drivers have the right not to have to take such rest in a vehicle.
Recording of Emergencies
Drivers may depart from the rules in order to reach a suitable stopping place in the event of an emergency arising.
Details of the circumstances must be manually recorded by the driver (on a chart, print out or other document) no later than at the time that the driver arrives at a suitable stopping place.
Operators must instruct their drivers so that they are aware of and in position to comply with the requirements of the regulation.
Evidence of penalties
Member states to impose penalties for infringements of the rules, even where the infringements took place in another country.
Drivers are required to carry the evidence of such penalties with them in order to prevent a further penalty being imposed for the same offence.
It is advised that they carry the evidence for the same period of time that they have to carry tachographs which is 28 days.
Transport undertaking liability
The regulations makes operators liable for infringements committed by drivers.
UK courts may take into account of mitigation indicating that an operator could not reasonably have been expected to prevent a driver from committing specific infringements.
Transport Auxiliaries Liability
The regulation makes it a requirements for consignors, freight forwarders, tour operators, principal contractors and driver employment agencies (in addition to transport operators) to ensure that time schedules comply with the drivers hours rules.
Any other work, other than driving, will count as “other work” this includes work of any kind or with any other employer.
It should be noted that work for another employer who is not a road transport employer does not count as other work under the terms of the Road Transport working Time regulations even though it does under the driver’s hour’s rules.
Downloads and Records
Drivers will need to produce at the road side tachograph records covering the day concerned and the preceding 28 days.
Chart, print out and hand written records must be handed to the employer within the statutory period.
Driver Smartcards within 28 days and Vehicle Unit Data at least every 90 days.
Charts/printouts have space on the back to hand write any incidents that are not recorded via the tachograph.
If a driver card gets lost, stolen damaged or not working as it should, two printouts are required, one at the start of the journey and one at the end. Drivers must enter their name, driver card or license number and sign the printouts.
Start and end times should be entered manually on the chart and via the VU if digital.
Centre field completion is mandatory for analogue charts, the same data is captured from the driver card and VU stick.
Drivers are expected to make hand written entries in the event that the tachograph is faulty or not working or when the information on the analogue chart or driver card print out does not reflect accurate information in respect of shift times or activities.
The back of the roll has a designated area for entering such information. Make a print out of the daily activity sheet and enter the information on the back accordingly (as the driver would if using an analogue tachograph chart i.e. wrong mode selected or breakdown etc).
Daily Walk-around Checks
You must carry out a walk-around check to ensure each vehicle is safe to be used on public roads, once in every 24 hours that the vehicle is used - usually before the start of each journey.
Any defects found must be recorded and notified, and this will form the basis of an effective vehicle maintenance programme.
If additional time is needed for these checks, this must be allowed for when planning routes or delivery schedules, but a well-maintained vehicle that is regularly serviced can be checked and on-the-road quickly.
Random Gate-Checks can be utilised, to check that drivers are carrying out the checks and taking the appropriate action.
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